People v. Willis

OPINION OF THE COURT

William C. Brennan, J.

This is a motion to dismiss the indictment on the ground that the defendant herein was not accorded an opportunity to appear and testify before the Grand Jury.

The defendant was arrested on or about July 11, 1981 and charged with arson in the second degree. He was arraigned on July 12,1981 at which time the People served notice, pursuant to CPL 190.50, that the matter would be submitted to the Grand Jury.

On that same date defense counsel served written notice on the District Attorney that the defendant “desires to testify in any Grand Jury proceeding…