Judgment unanimously affirmed. Memorandum: Defendant was not denied his statutory right to testify before the Grand Jury by the prosecutor's announced intention to present a joinable charge to the same Grand Jury panel (see, People v. Simon, 187 A.D.2d 740, lv denied 81 N.Y.2d 893; Matter of Gold v. Booth, 79 A.D.2d 1013, lv denied 53 N.Y.2d 603).