People v. Clark
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court properly denied the pro se motion of defendant 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]). The motion was made more than five days after defendant’s arraignment and was therefore untimely (see, CPL 190.50 [5] [c]). Further, although defendant was not entitled to the statutory notice because he was not subject to an “undisposed of felony complaint” in a local criminal court (CPL 190.50 [5] [a]; see, People v Akel, 267 AD2d…
2Cases cited4 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. BourdonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. AkelAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by3 opinions
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BoodrowAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 2003