People v Shemesh

People v Shemesh 2008 NY Slip Op 06874 [11 NY3d 774] September 16, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 12, 2008

[*1] The People of the State of New York, Appellant,
v
Menashe Shemesh, Respondent.

Decided September 16, 2008

People v Shemesh, 51 AD3d 239, affirmed.

APPEARANCES OF COUNSEL

Robert M. Morgenthau, District Attorney, New York City (Frank Glaser and Mark Dwyer of counsel), for appellant.

Arnold J. Levine, New York City, for respondent.

{**11 NY3d at 775} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. There is record support for the finding below that the District Attorney failed to accord the defendant reasonable time to exercise his right to appear as a witness before the grand jury.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.