People v. Shemesh

Kavanagh, J. (dissenting).

Defendant was charged by indictment with perjury in the first degree (Penal Law § 210.15) for allegedly giving sworn false testimony at a trial wherein he was charged and later convicted of reckless endangerment in the second degree and reckless driving. Upon defendant’s motion, the indictment was dismissed because the trial court found that defendant had effectively been denied his right to testify before the grand jury.

*244A defendant charged with a crime has a conditional right to appear and give testimony before a grand jury (CPL 190.50 [5]). Once a written request…