People v. Akel

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]). Defendant contends that County Court erred in denying his motion to dismiss the indictment based on the People’s failure to notify him of his right to testify in a prospective Grand Jury proceeding (see, CPL 190.50 [5] [a]). Defendant was arraigned by Henrietta Town Court on a felony complaint. A preliminary hearing was scheduled, but the People failed to go forward with the hearing.…