In this prosecution for assault in the first degree, a month after the trial jury found defendant guilty, he moved pursuant to CPL 330.30 (1) to set aside the verdict and dismiss the indictment because the justification defense had not been presented to the grand jury. The court denied the motion as untimely (see CPL 250.20 [1], [3]) and declined to consider it on the merits in the interest of justice. We affirm on the ground that, even assuming, without deciding,...
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