People v. Sawyer

While we agree that Grand Jury proceedings should not be delayed merely to afford a defendant a “more desirous position with respect to assimilating evidence and assessing whether or not he should testify” (People v Cajigas, 174 Misc 2d 472, 484), we cannot agree that one day’s notice provided defendant with a genuine opportunity to exercise his due process rights pursuant to CPL 190.50 (5) or that defense counsel’s focus during this brief period pertained to discovery efforts rather than due process assertions.

Our preeminent concern is the People’s failure to provide defendant with a…