PEOPLE v. DI FONDI


275 A.D.2d 1018 (2000)

713 N.Y.S.2d 599

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER DI FONDI, Appellant.

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

Decided September 29, 2000.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of burglary in the second degree (Penal Law § 140.25 [2]). By failing to move to dismiss the indictment within five days of his arraignment, defendant has waived his contention that he was denied his right to testify before the Grand Jury in a timely manner and thus that the indictment should be dismissed (see, CPL 190.50 [5] [c]; People...

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