No. 769. May 8, 2007. Judgment, Supreme Court, New York County (Micki A. Scherer, J., on CPL 190.50 dismissal motion; Jeffrey M. Atlas, J., at suppression hearing; Edward J. McLaughlin, J., at jury trial and sentence), rendered March 30, 2004, convicting defendant of two counts each of burglary in the second degree, attempted burglary in the second degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a persistent violent felony offender, to an aggregate term
Argued March 24, 1987 Decided April 28, 1987 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, John S. Thorp, Jr., J. Kent V. Moston and Matthew Muraskin for appellant. Denis Dillon, District Attorney (Lawrence J. Schwarz and Anthony J. Girese of counsel), for respondent. TITONE, J. A waiver of immunity obtained in violation of a Grand Jury witness' State constitutional right to counsel (NY Const, art I, § 6) is not an effective waiver within the meaning of
May 10, 2001. Judgment, Supreme Court, New York County (Harold Beeler, J. on CPL 190.50[c] motion; Leslie Crocker Snyder, J. at jury trial and sentence), rendered April 13, 1999, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years and 1 year, respectively, unanimously affirmed. Sandra E. Cavazos, for respondent
5070 January 11, 2005. Judgment, Supreme Court, New York County (Rena K. Uviller, J., on dismissal motion; Lewis Bart Stone, J., at jury trial and sentence), rendered June 19, 2003, convicting defendant of grand larceny in the third degree (two counts), grand larceny in the fourth degree (two counts), criminal possession of a forged instrument in the second degree and attempted grand larceny in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 9 to 18 years
September 10, 1998 Appeal from the Supreme Court (Herbert Adlerberg, J.). Alan Wolf of counsel ( Louise E. Weiss and Alan Gadlin on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant. SULLIVAN, J. P. This appeal presents the issue of whether, as the motion court held, the People denied defendant his statutory right to testify before the Grand Jury (CPL 190.50 [a]) when defense counsel mailed defendant's notice of intent to testify six days before the case