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PEOPLE v. WEBB

195 A.D.2d 614 (1993)

601 N.Y.S.2d 127

The People of the State of New York, Respondent, v. Jacques Webb, Appellant

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

July 26, 1993

Ordered that the judgment is affirmed.

The trial court did not err in denying the defendant's motion to dismiss the indictment based on his failure to testify before the Grand Jury. CPL 190.50 (5) (c) provides that a motion to dismiss an indictment because a defendant was not allowed to testify before the Grand Jury must be made not more than five days after the defendant has been arraigned on the indictment. The issue is waived if the defendant fails to

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