Legal Opinion

People v. LaBoy

New York County Courts

Decided July 2, 1976PublishedCited by 6 opinions

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

  1. News Syndicate Co. v. Gatti Paper Stock Corp.New York Court of Appeals · 1931
  2. People v. LunneyNew York Supreme Court · 1975
  3. People v. CarterNew York Supreme Court · 1973
  4. People v. SearlesNew York Supreme Court · 1974
  5. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1973

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People v. BalukasAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. HookerNew York Supreme Court · 1982
  3. Klein v. HaftAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. SalazarNew York Supreme Court · 1987
  5. People v. AliNew York Supreme Court · 1986

1 more not listed; retrieve them via the Exa API.

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