New York Court of Appeals
The People of the State of New York v. David Evans, Respondent the People of the State of New York v. Dana Davis…
May 7, 199279 N.Y.2d 407
Summary
The Court of Appeals affirmed the Appellate Division's dismissal of three indictments, holding that defendants who timely notify the prosecutor of their intent to testify under CPL 190.50(5) are entitled to a pre‑vote appearance before the Grand Jury, and failure to provide such an appearance requires dismissal of the indictment.