People v. Young

OPINION OF THE COURT

Marie G. Santagata, J.

The defendant has moved this court for an order pursuant to CPL 210.20 dismissing the indictment on the ground that the defendant was not accorded the opportunity to testify before the Grand Jury (CPL 190.50) with his attorney (CPL 190.52).

Defendant’s motion is granted.

*401CPL 190.50 (5) (a) provides that a defendant possesses the statutory right to testify before a Grand Jury in his own behalf provided he satisfies the procedural requirements of notice to the District Attorney. In exercising this right, CPL 190.52 ensures a criminal defendant the…