People v. LaBoy
New York County Courts
1Opinion of the CourtAlbert M. Rosenblatt, J.
The issue, apparently undecided heretofore, is whether a defendant is entitled to be relieved of an indictment, upon his claim that he did not get statutory notice of his right to appear as a witness before the Grand Jury (CPL 190.50, subd 5, par [a]) even though he now expressly disavows any willingness to testify, were the court to order dismissal and re-presentation of the charges.
The defendant was arrested on February 13, 1976. The prosecution, by affidavit, alleges that on February 23, 1976, a notice, pursuant to CPL 190.50 (subd 5, par [a]) was mailed to defendant at his address,…
2Cases cited9 opinions
- News Syndicate Co. v. Gatti Paper Stock Corp.New York Court of Appeals · 1931
- People v. LunneyNew York Supreme Court · 1975
- People v. CarterNew York Supreme Court · 1973
- People v. SearlesNew York Supreme Court · 1974
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1973
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3Cited by6 opinions
- People v. BalukasAppellate Division of the Supreme Court of the State of New York · 1983
- People v. HookerNew York Supreme Court · 1982
- Klein v. HaftAppellate Division of the Supreme Court of the State of New York · 1979
- People v. SalazarNew York Supreme Court · 1987
- People v. AliNew York Supreme Court · 1986
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