People v. Rivera

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID RIVERA, Appellant

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

Date published: Jan 22, 1998

246 A.D.2d 443 (N.Y. App. Div. 1998)

667 N.Y.S.2d 245

Opinion

January 22, 1998

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).

The court properly denied defendant's motion to dismiss the indictment made pursuant to CPL 190.50 (5) (c). Since defendant did not file any written notice of his intention to testify before the Grand Jury, he was not entitled to dismissal. Counsel's failure to file such notice is not grounds for reversal ( People v. Wiggins, 89 N.Y.2d 872; People v. Bundy, 186 A.D.2d 357, lv denied 81 N.Y.2d 837).

Concur — Milonas, J.P., Rosenberger, Wallach, Williams and Mazzarelli, JJ.