People v. Calvert

OPINION OF THE COURT

Steven W. Fisher, J.

On this motion, the defendant seeks an order dismissing the indictment and directing that he be afforded an opportunity to testify before any new Grand Jury convened to hear the case. *824He contends that he was unfairly deprived of the opportunity to present a viable self-defense claim to the Grand Jury by the operation of a statute which allows a District Attorney to disregard a defendant’s timely request to testify merely on the basis of a suspicion that the defendant may be an incapacitated person. The defendant’s request for relief calls into question…