PEOPLE v. MOORE


201 A.D.2d 436 (1994)

609 N.Y.S.2d 775

The People of the State of New York, Respondent, v. Michael Moore, Appellant

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

February 24, 1994


Defendant's claim that his conviction should be reversed and the indictment dismissed because the prosecutor improperly elicited testimony of uncharged crimes before the Grand Jury is unpreserved as a matter of law for failure to make a pretrial motion to dismiss the indictment within 45 days after the arraignment (CPL 255.10 [1] [a]; 255.20 [1]). In any event, the claim is without merit since the testimony elicited from the eyewitness to the murder was probative of defendant...

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