In People v. Campos, 176 Misc 2d 637 the District Attorney had failed to respond to defendant's demands and the defense insisted that defendant could not testify without the requested information. Campos refused to waive CPL 180.80 and the indictment was voted at the last moment without the defendant's testimony so as to avoid release of the accused. Moreover, and most significantly, no court order had been obtained by either side with respect to the requested items.