3.14 - A. Cpl § 190.50 Crim. Proc. Notice

• Jurisdiction: New York

A. CPL § 190.50 Crim. Proc. Notice

If the case is going to be presented to a grand jury, the prosecutor must serve notice under CPL § 190.50 of this intention so as to provide the defendant with an opportunity to exercise the right to testify before the grand jury.⁴⁰⁹ Section 190.50(a) requires that the defendant be accorded “a reasonable time” to exercise his right. “The concept of reasonableness is flexible and must be applied to the particular facts of a case as known at the time.”⁴¹⁰ Although there is no requirement that the defendant express an intent to testify or not testify before the grand...