People v. Ballard

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered December 20, 2002, upon a verdict convicting defendant of the crime of attempted robbery in the second degree.

Defendant was involved in an attempted carjacking. He was arrested and charged by felony complaint with attempted robbery in the third degree. The People personally served a grand jury notice on defendant five days before presentment and mailed a copy of the notice to defense counsel. Counsel’s copy apparently arrived the day before presentment. Defendant asserts that he desired to testify before the…