PEOPLE v. BLUE

Since defendant did not, at any time, serve written notice of his intent to testify before the Grand Jury upon the District Attorney's Office as required by CPL 190.50(5)(a), defendant's motion to dismiss the indictment was properly denied (People v. Clay, 248 A.D.2d 180, lv denied 92 N.Y.2d 849). The record does not support a waiver by the People.

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