People v. Boswell

OPINION OF THE COURT

David Friedman, J.

The issue before the court concerns defendant’s right to testify before the Grand Jury pursuant to CPL 190.50. Defendant failed to testify because his attorney was on vacation when her office received notice of the time for him to appear. I conclude that where the District Attorney has met all of his obligations under CPL 190.50 defense counsel’s failure to secure her client’s right to testify does not justify dismissal of the indictment. Moreover, under the circumstances of this case, defense counsel’s failure to act does not constitute ineffective…