People v. Miller

OPINION OF THE COURT

Betsy Barros, J.

The defendant, Erick Miller, moves pursuant to CPL 210.20 *508(1) (c) for dismissal of this indictment for criminal possession of a controlled substance and related charges. Defendant maintains that he was denied the opportunity to testify before the Grand Jury voted to indict him (CPL 190.50 [5] [a]).

BACKGROUND

Defendant was arrested on March 23, 1998, and was arraigned in Criminal Court the following day. On March 24, 1998, the People served defendant with CPL 190.50 notice of their intention to submit the case to the Grand Jury. It is undisputed that at that…