People v. Tole

Appeal from an order of the County Court of Sullivan County (LaBuda, J.), entered June 15, 2011, which granted defendant’s motion to dismiss the indictment.

After defendant was accused of unlawfully possessing contraband while an inmate at the Sullivan County Jail, the People served, by mail, a grand jury notice on defendant’s counsel approximately one week prior to presentment, in form - ing him that written notice of defendant’s intent to testify before the grand jury was due no later than one day prior to presentment. The People did not receive such notice from defendant and an indictment…