PEOPLE v. SUMPTER


178 A.D.2d 973 (1991)

The People of the State of New York, Respondent, v. Raymond Sumpter, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 26, 1991


Judgment unanimously affirmed.

Memorandum:

Defendant waived his contention that the indictment against him should have been dismissed because he was denied a reasonable opportunity to testify before and to present evidence to the Grand Jury. An indictment is subject to dismissal on that ground only if a proper motion is made within five days of defendant's arraignment on the indictment (see, CPL 190.50 [5] [c]). Here, defendant was arraigned on the...

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