People v. Mulero

OPINION OF THE COURT

Joseph A. Zayas, J.

Defendant moves for an order dismissing the indictment on the ground that he was denied the right to testify before the grand jury (see CPL 190.50 [5] [c]). Defendant contends that dismissal of the indictment is warranted because the Department of Correction failed to produce him in court on the day he was scheduled to testify. The People oppose defendant’s motion in its entirety. A hearing was ordered on defendant’s claim to resolve the factual disputes raised by defendant’s motion regarding the reason for defendant’s nonproduction.

In People v Evans (79…