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PEOPLE v. DIGABRIELE

262 A.D.2d 331 (1999)

691 N.Y.S.2d 543

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER DIGABRIELE, Appellant.

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

Decided June 1, 1999.

Ordered that the judgment is affirmed.

The defendant contends that he was denied his statutory right to testify before the Grand Jury. However, having failed to move to dismiss the indictment within five days of his arraignment thereon, the defendant has waived the contention raised herein (see, CPL 190.50 [5] [a]; People v Valle, 198 A.D.2d 459).

The defendant contends that he was denied the effective assistance...

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