People v. Bethea

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered February 10, 1987, after jury trial, convicting defendant of robbery in the first degree and sentencing him as a predicate felon to 10 to 20 years’ imprisonment, unanimously affirmed.

Defendant was originally deprived of proper notice of his right to appear before the Grand Jury. However, his later rejection of the People’s offer to appear before a new Grand Jury for re-presentment of the facts constituted waiver of his right to appear before that body (cf., People v Bey-Allah, 132 AD2d 76; CPL 190.50 [5] [a]).

Defendant’s…