Ordered that the judgment is affirmed.
We agree with the County Court that the prosecutor did not deprive the defendant of his right to testify before the grand jury, and thus, dismissal of the indictment was not warranted on this ground. The prosecutor provided defense counsel with at least five days' notice of his intention to present the case to the grand jury. Therefore, the defendant was accorded "a reasonable time to exercise his right to appear as a witness...
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