Opinion
February 17, 2000
Judgment, Supreme Court, Bronx County (John Byrne, J., at motion to dismiss; Martin Marcus, J., at jury trial and sentence), rendered June 9, 1997, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 1/2 to 11 years, unanimously affirmed.
Adam Laurence Goldman, for Respondent.
Jennifer A. Larrabee, for Defendant-Appellant.
ROSENBERGER, J.P., WILLIAMS, ELLERIN, SAXE, JJ.
Since defendant did not, at any time, serve written notice of his intent to testify before the Grand Jury upon the District Attorney's Office as required by CPL 190.50(5)(a), defendant's motion to dismiss the indictment was properly denied (People v. Clay, 248 A.D.2d 180, lv denied 92 N.Y.2d 849). The record does not support a waiver by the People.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.