Opinion
January 11, 2000
Upon reargument, the determination of this Court, entered September 10, 1998, unanimously reversing the order of the Supreme Court, New York County (Herbert Adlerberg, J.), entered on or about October 24, 1996, which granted defendant's motion to dismiss the indictment, with leave to re-present, on the ground that the People violated defendant's statutory right to testify before the grand jury, and denying the motion, reinstating the indictment and remanding the matter for further proceedings, is adhered to.
Alan Gadlin, for appellant.
Andrea G. Hirsch, for defendant-respondent.
NARDELLI, J.P., WILLIAMS, ELLERIN, RUBIN, ANDRIAS, JJ.
In light of our decisions in People v. Silva ( 122 A.D.2d 750) andPeople v. Holden ( 260 A.D.2d 233, 689 N.Y.S.2d 40, lv denied 93 N.Y.2d 1003), we find defendant's arguments to be unavailing with regard to the applicability of CPLR provisions to this criminal proceeding. This is especially true in the absence of any express reference to the CPLR in CPL 190.50(5) and in view of the
Court of Appeals' practice of interpreting CPL provisions in accordance with the CPL's statutory scheme and without resort to the CPLR (see, People v. Coaye, 68 N.Y.2d 857, 858-59 fn).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.