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People v. Juan Oquendo

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eBook details

  • Title: People v. Juan Oquendo
  • Author : Supreme Court of New York
  • Release Date : January 01, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

DECISION & ORDER On this appeal, heard together with the People's related appeals in People v Evans ( A.D.2d [decided herewith]) and People v Davis ( A.D.2d [decided herewith]), the People challenge the dismissal of an indictment on the ground that the defendant was deprived of his right to appeal before the Grand Jury. Here, as in the Evans and Davis appeals, the defendant properly served written notice upon the District Attorney's office pursuant to CPL 190.50(5)(a), advising of his desire to appear and to testify before the Grand Jury which would be considering criminal charges against him. In turn, the defendant was notified of the date on which the Grand Jury would be convening to hear his case. The defendant Oquendo was told to present himself to the Grand Jury at 9:30 A.M. on December 22, 1989. Unfortunately, through no fault of his own, the defendant was not produced by the Department of Correction at 9:30 A.M. In fact, at about Noon that day, the defendant's counsel was still awaiting his production. Nevertheless, the People went ahead and presented the matter to the Grand Jury and had obtained an indictment by 2:15 P.M., without the defendant ever having appeared.


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