People v. Davis

OPINION OF THE COURT

Carolyn E. Demarest, J.

Defendant moves pursuant to CPL 210.20 (1) to dismiss the *681indictment as defective under CPL 210.35 (4) alleging that he was denied his rights under CPL 190.50 to testify before the Grand Jury.

FACTS

Defendant was arrested on July 23, 1999, and charged in a felony complaint with murder in the first degree under Penal Law § 125.27 (1) (a) (vii) (in the course of a robbery) and murder in the second degree under Penal Law § 125.25 (1) (intentional) and criminal possession of a weapon in the second and third degrees. He was arraigned on the felony complaint…