People v. Brooks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*740Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered April 14, 2003. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.05 [2]), defendant contends that County Court erred in denying his motion to dismiss the indictment on the ground that he was deprived of his right to testify before the grand jury. We…
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