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People v. Crosby

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 472 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

Appeal from the County Court, Nassau County (Jonas, J.).


Ordered that the judgment is affirmed.

The defendant failed to make a written motion within five days of his arraignment, to dismiss the indictment on the basis that he had been denied an opportunity to testify before the Grand Jury, and thus he waived his right to challenge the indictment ( see, CPL 190.50 [c]; People v. MacCall, 122 A.D.2d 79). In any event, the defendant was not denied an opportunity to appear before the Grand Jury since he indeed appeared with his attorney at the Grand Jury proceeding but refused to testify under a waiver of immunity.

The defendant's remaining contentions are either unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250), or without merit. Thompson, J.P., Sullivan, Pizzuto and McGinity, JJ., concur.


Summaries of

People v. Crosby

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 472 (N.Y. App. Div. 1996)
Case details for

People v. Crosby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT CROSBY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1996

Citations

226 A.D.2d 472 (N.Y. App. Div. 1996)
640 N.Y.S.2d 782

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