People v. Onyeabor

OPINION OF THE COURT

John M. Leventhal, J.

The defendant moves to dismiss the indictment on the ground *311that his right to testify before the grand jury proceeding was violated.

In deciding this motion, the court has considered the motion papers, the defendant’s supplemental affirmation in support of the motion, the affirmation in opposition, the defendant’s reply affirmation and the court file.

Facts

On October 14, 2004, the defendant was arraigned in Kings County Criminal Court on a misdemeanor complaint for assault in the third degree, menacing in the third degree and harassment in the second…