In People v. Jimenez, 180 AD2d 757 [2d Dept 1992] after service of a notice of intention to testify, the defendant was not apprised of when and where to appear as a consequence of omissions by defendant's former attorney. The Court found that such omissions amounted to a denial of defendant's right to effective assistance of counsel, and effectively precluded him from exercising his absolute right to testify (Jimenez, supra at 757, 758). The Court, in dismissing the indictment so that the defendant could testify when the case was re-presented, discussed at length the defendant's claim that he was actually the victim of criminal conduct and not the perpetrator of the crime, which led to his indictment.