People v. Ford

Appellate Division of the Supreme Court of New York

People v. Ford

268 A.D.2d 235, 700 N.Y.S.2d 692, 2000 N.Y. App. Div. LEXIS 55

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 6, 2000

StatusPublished

This text of 268 A.D.2d 235 (People v. Ford) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ford, 268 A.D.2d 235, 700 N.Y.S.2d 692, 2000 N.Y. App. Div. LEXIS 55 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Judgment, Supreme Court, New York County (John Bradley, J., on motion to dismiss; William Leibovitz, J., at jury trial and sentence), rendered May 28, 1998, convicting defendant of four counts of grand larceny in the fourth degree and four counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to eight concurrent terms of 2 to 4 years, unanimously affirmed.

Defendant expressly w'aived his present claim that he was denied the right to have his testimony heard by the Grand Jury prior to the voting of an indictment (see, People v Evans, 79 NY2d 407). We see no reason to invalidate this waiver, which was part of a reasonable compromise that allowed defendant an opportunity to testify before the Grand Jury. In any event, at the time in question, defendant’s statutory right to testify had been extinguished because he had already been provided with, and had refused, reasonable opportunities to testify (see, People v Turner, 227 AD2d 120). Concur—Sullivan, J. P., Mazzarelli, Wallach, Rubin and Andrias, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (John Bradley, J., on motion to dismiss; William Leibovitz, J., at jury trial and sentence), rendered May 28, 1998, convicting defendant of four counts of grand larceny in the fourth degree and four counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to eight concurrent terms of 2 to 4 years, unanimously affirmed.

Defendant expressly w'aived his present claim that he was denied the right to have his testimony heard by the Grand Jury prior to the voting of an indictment (see, People v Evans, 79 NY2d 407). We see no reason to invalidate this waiver, which was part of a reasonable compromise that allowed defendant an opportunity to testify before the Grand Jury. In any event, at the time in question, defendant’s statutory right to testify had been extinguished because he had already been provided with, and had refused, reasonable opportunities to testify (see, People v Turner, 227 AD2d 120). Concur—Sullivan, J. P., Mazzarelli, Wallach, Rubin and Andrias, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

268 A.D.2d 235, 700 N.Y.S.2d 692, 2000 N.Y. App. Div. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ford-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack