Opinion
June 21, 2001.
Judgment, Supreme Court, New York County (Joan Sudolnik, J. on dismissal motion; Daniel FitzGerald, J. at jury trial and sentence), convicting defendant of grand larceny in the fourth degree and petit larceny, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.
David Aaron, for respondent.
Jonathan M. Kirshbaum, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Rubin, Saxe, Buckley, JJ.
Defendant was not denied the right to testify before the Grand Jury, since there is no evidence in the record that the prosecutor received the requisite written notice prior to the filing of the indictment (see,People v. Madsen, 254 A.D.2d 152, lv denied 92 N.Y.2d 1035; People v. Crisp, 246 A.D.2d 84, 86). In any event, the prosecutor afforded defendant an opportunity to testify that was reasonable, given the belated nature of defendant's oral request, and did not act precipitously in presenting the matter to the Grand Jury (see, People v. Clay, 248 A.D.2d 180, lv denied 92 N.Y.2d 849; People v. Ferrara, 99 A.D.2d 257, 261).
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.