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

Since defendant, while represented by new counsel, made an informed decision to plead guilty, he forfeited his right to claim on appeal that he was denied the opportunity to testify before the Grand Jury as the result of his prior attorney's errors ( People v. Bostick, 235 A.D.2d 287, lv denied 89 N.Y.2d 1089). In any event, defendant's motion to dismiss the indictment on this ground was both untimely (CPL 190.50 [c]) and without merit ( see, People v. Wiggins, 89 N.Y.2d 872).

Concur — Milonas, J.P., Nardelli, Wallach and Andrias, JJ.

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PEOPLE v. HARRISON
(Apr 16, 1998)