Opinion
January 7, 1999.
Appeal from the Supreme Court, New York County (George Daniels, J.).
Defendant was provided with a reasonable opportunity to testify before the Grand Jury. As the record sufficiently shows, on the first date scheduled for his testimony, he refused to be produced ( see, People v. Turner, 227 A.D.2d 120). Although the matter was adjourned and his attorneys did not timely appear on the adjourned date, this did not constitute ineffective assistance of counsel warranting dismissal of the indictment ( People v. Wiggins, 89 N.Y.2d 872).
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J.P., Rosenberger, Williams and Saxe, JJ.