People v. Hall

OPINION OF THE COURT

Leroy B. Kellam, J.

A motion to dismiss the indictment presents a novel issue for the consideration of the court. Presented for review is whether a defendant, who executes a waiver of immunity and exercises his right to testify before a Grand Jury, may waive his constitutional rights in the absence of his attorney.

FINDINGS OF FACT

On October 4,1983, the defendant was arraigned in Criminal Court upon a felony complaint charging criminal possession of a weapon in the third degree, in violation of Penal Law § 265.02 (4). The court appointed the Legal Aid Society to represent…