Opinion
Argued September 9, 1976
Decided October 14, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARNOLD G. FRAIMAN, J.
Arthur Karger, Irving Anolik and Eugene V. Weissman for appellant.
Robert M. Morgenthau, District Attorney (Edward Agnew McDonald and Robert M. Pitler of counsel), for respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed.
We reject defendant's contention, pressed with respect to each of the four counts on which he was convicted, that the evidence was insufficient as a matter of law. We have considered defendant's other assertions of error and find them to be without merit. Specifically, we hold that defendant was not entitled to a separate, explicit charge that among the essential elements of the crime of criminal contempt in the first degree, which the prosecution was required to establish to obtain a conviction, was an intent on defendant's part to obstruct the Grand Jury investigation (Penal Law, § 215.51). We also note that in consequence of his failure to raise any claim of illegal wiretapping before the Grand Jury, defendant was precluded from raising it thereafter. (Cf. People v Gentile, 39 N.Y.2d 779; People v Breindel, 35 N.Y.2d 928.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.