Opinion
Argued February 15, 2001.
March 12, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 2, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Natalie Rea of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman, and Gwen M. Schoenfeld of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, there was no violation of his right to appear before the Grand Jury pursuant to CPL 190.50. "By providing timely notice reasonably prior to Grand Jury presentment and vote, defendants establish their statutory right to testify before a vote is taken, assuming, of course, that any failure to afford these individuals a prevote appearance is not attributable to defendants themselves" (People v. Evans, 79 N.Y.2d 407, 415). Here, the defendant gave notice to appear before the Grand Jury after it had voted to indict, albeit before the indictment was filed. Therefore, he was properly relegated to testifying before a Grand Jury which had already voted to indict (see, People v. Evans, supra, at 413-414; People v. Cade, 74 N.Y.2d 410, 415; People v. Dillard, 160 A.D.2d 472; People v. Young, 138 A.D.2d 764, 765).
The court's justification charge was balanced and the court only marshalled the evidence to the extent necessary to explain the application of the law to the facts (see, People v. Saunders, 64 N.Y.2d 665).