Opinion
1995-10138, 1996-01071
Submitted September 5, 2003.
November 3, 2003.
Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Pincus, J.), rendered October 31, 1995, convicting him of burglary in the first degree (two counts), robbery in the first degree, and robbery in the second degree, upon a jury verdict, and imposing sentence, and (2) a judgment of the same court (Tomei, J.), rendered December 18, 1995, convicting him of burglary in the first degree, upon a jury verdict, and imposing sentence.
Donna Delehanty Walsh, Katonah, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgments are affirmed.
The defendant failed to move within five days of his arraignment to dismiss the indictment on the ground that he was denied his right to testify before the Grand Jury. Therefore he waived his right to challenge the indictment ( see People v. Wade, 268 A.D.2d 448; People v. Crosby, 226 A.D.2d 472). In any event, contrary to the defendant's contention, the People are not required "to give notice regarding the expanded scope of the Grand Jury proceedings" ( People v. Guzman, 233 A.D.2d 527, 528, People v. Hernandez, 223 A.D.2d 351, 352). "[O]nce the People have `notified the defendant that the charges in the felony complaint would be presented to the Grand Jury, the People [have] satisfied their statutory obligation'" ( People v. Guzman, supra at 528, quoting People v. Choi, 210 A.D.2d 495, 496). The People met their statutory obligation when they gave notice of the charges contained in the felony complaint ( see People v. Perez-Tavares, 238 A.D.2d 446, 447; People v. Crosby, supra).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.