What is the test for a defendant to testify before the New York State Grand Jury?

The right of a defendant to testify before the Grand Jury is a statutory one and not a right of constitutional dimension. People v. Smith, 87 N.Y.2d 715, 642 N.Y.S.2d 568, 665 N.E.2d 138 (1996). The statute sets forth the only circumstances under which a defendant may exercise this option, i.e., he must serve proper notice, appear at the given time and place and execute a waiver of immunity. CPL Section 190.50(5). The waiver of immunity is something offered by the defendant in exchange for an opportunity to testify before the Grand Jury. If a defendant does not so offer, or going one step further, it would seem that if one is not able to so offer a waiver due to some difficulty or disability, then he may not testify before the Grand Jury. In this case, the defendant, who was

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