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People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 528 (N.Y. App. Div. 1992)

Summary

In People v Green (187 A.D.2d 528 [2d Dept 1992]), the oral notice given stated that defendant "may wish to testify", thus, the Court found no affirmative position by defendant.

Summary of this case from People v. Rivers

Opinion

November 9, 1992

Appeal from the Supreme Court, Kings County (Lipp, J.).


Ordered that the judgment is affirmed.

The defendant contends that the indictment was obtained in violation of his right to testify before the Grand Jury. However, since he failed to comply with the written notice requirements of CPL 190.50 (5) (a), his right to testify never accrued (see, People v Harris, 150 A.D.2d 723; People v MacCall, 122 A.D.2d 79; People v Reynolds, 35 A.D.2d 529). Defense counsel's oral notice that the defendant "may wish to testify" was insufficient (see, People v Harris, supra; People v Taylor, 165 A.D.2d 800) and, contrary to the defendant's further contention, the prosecutor's response that the People would contact defense counsel did not relieve the defendant from his statutory obligation. In order to preserve his or her statutory pretrial rights, including the right to testify before the Grand Jury, a defendant must assert them "at the time and in the manner that the Legislature prescribes" (People v Lawrence, 64 N.Y.2d 200, 207; People v Saldana, 161 A.D.2d 441; see also, People v Jennings, 69 N.Y.2d 103). Accordingly, the Supreme Court properly denied the defendant's motion to dismiss the indictment. Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 528 (N.Y. App. Div. 1992)

In People v Green (187 A.D.2d 528 [2d Dept 1992]), the oral notice given stated that defendant "may wish to testify", thus, the Court found no affirmative position by defendant.

Summary of this case from People v. Rivers
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY GREEN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 9, 1992

Citations

187 A.D.2d 528 (N.Y. App. Div. 1992)
589 N.Y.S.2d 597

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