Opinion
Argued January 12, 1993
Decided February 11, 1993
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Herbert I. Altman, J., Eugene Nardelli, J., Joan B. Carey, J.
Henry R. Deutsch, New York City, and Philip L. Weinstein for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Colin Aldrin Fieman, James M. McGuire and Hilary Hassler of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
We agree with the Appellate Division that defendant was not entitled to an order requiring the Grand Jury to call the prosecution's witnesses before hearing defendant's testimony. The Grand Jury is vested with broad investigative powers and discretion in calling witnesses and receiving evidence (see, People v Lancaster, 69 N.Y.2d 20, 25-26). The order in which witnesses are called is a matter for the discretion of the Grand Jury and the supervisory court (see, Matter of Morgenthau v Altman, 58 N.Y.2d 1057, 1059; People v Sexton, 187 N.Y. 495). A defendant has the right to testify and to call witnesses on his own behalf (see, CPL 190.50, [6]) but need only be afforded an opportunity to exercise these rights prior to the Grand Jury's vote on the indictment (see, People v Evans, 79 N.Y.2d 407).
Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.
Order affirmed in a memorandum.