People v. Spence

OPINION OF THE COURT

Albert Tomei, J.

Defendant Michael Spence has moved to dismiss the instant indictment pursuant to CPL 190.50 (5) (c) on the ground that the prosecutor deprived him of his right to testify before the Grand Jury. On October 18, 1987, defendant was arrested and charged with criminal possession of a weapon in the third degree. At his Criminal Court arraignment on October 20, 1987, the People served notice pursuant to CPL 190.50 (5) (a) of their intent to present defendant’s case to a Grand Jury. Defendant did not respond to this notice at arraignment but served oral notice of…