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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL KELLY, Also Known as EARL FRAZIER, Appellant.

Ordered that the judgment is affirmed.

By pleading guilty the defendant forfeited the right to challenge the indictment as having been obtained in violation of his right to testify before the Grand Jury (see, People v Wallace, 188 A.D.2d 499; People v Smith, 168 A.D.2d 915; People v Ferrara, 99 A.D.2d 257; see also, People v Taylor, 65 N.Y.2d 1, 5; People v Gerber, 182 A.D.2d 252). Lawrence, J.P., Eiber, O'Brien and Santucci, JJ., concur.

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PEOPLE v. KELLY
(Nov 8, 1993)