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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BETHEA, Appellant.

Ordered that the judgment is affirmed.

Despite the defendant's contention to the contrary, he was not deprived of his right to testify before the grand jury as a result of the prosecutor's interruptions during his grand jury appearance, since the prosecutor simply prevented him from testifying on a variety of topics that were not relevant to the facts of this case or the grand jury's investigation ( see People v. Smith, 199 AD2d 348, affd 84 NY2d 998; People v. Valvano, 186 AD2d 769).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).

The defendant's remaining contention is without merit.

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PEOPLE v. BETHEA
(Nov 8, 2004)