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PEOPLE v. WASHINGTON

Appellate Division of the Supreme Court of New York, First Department.
Jun 21, 2001
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Defendant was not denied the right to testify before the Grand Jury, since there is no evidence in the record that the prosecutor received the requisite written notice prior to the filing of the indictment (see,People v. Madsen, 254 A.D.2d 152, lv denied 92 N.Y.2d 1035; People v. Crisp, 246 A.D.2d 84, 86). In any event, the prosecutor afforded defendant an opportunity to testify that was reasonable, given the belated nature of defendant's oral request, and did not act precipitously in presenting the matter to the Grand Jury (see, People v. Clay, 248 A.D.2d 180, lv denied 92 N.Y.2d 849; People v. Ferrara, 99 A.D.2d 257, 261).

We have considered and rejected defendant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.