Legal Opinion

People v. Shemesh

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 2008PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Williams, J.

The issue on this appeal is whether the motion court correctly dismissed the indictment on the ground that defendant was wrongfully deprived of his right to testify before the grand jury. CPL 190.50 (5) (a) provides in pertinent part:

“When a criminal charge against a person is being or is about to be or has been submitted to a grand jury, such person has a right to appear before such grand jury as a witness in his own behalf if, prior to the filing of any indictment ... he serves upon the district attorney of the county a written notice making such request and…

2Cases cited8 opinions

  1. Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
  2. People v. SawyerNew York Court of Appeals · 2001
  3. Lightman v. FlaumNew York Court of Appeals · 2001
  4. People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by1 opinion

  1. People v. MuleroNew York Supreme Court · 2014

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