Defendant's motion to dismiss the indictment pursuant to CPL 190.50 (5) (c) was without merit since the record does not establish that defendant filed any written notice of his intention to testify before the Grand Jury prior to the filing of the indictment, a requirement that is strictly enforced (People v. Smith, 197 A.D.2d 411). This was not a case "where the prosecutor acted precipitously, or where the oral request was followed by mailing of the requisite written notice within a reasonable time" (People v. Taylor, 165 A.D.2d 800, 801).
The challenged portions of the prosecutor's cross examination and summation do not warrant reversal (see, People v. Overlee, 236 A.D.2d 133).
Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.