People v. Di Fondi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—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 v Webb, 236 AD2d 872, 873, lv denied 90 NY2d 865). Although we agree with defendant that it was improper for the prosecutor to compel him to wear…
2Cases cited7 opinions
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1999
- People v. TomainoAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BlasiniAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ReinosoAppellate Division of the Supreme Court of the State of New York · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. FellsAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WaltonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ValentinAppellate Terms of the Supreme Court of New York · 2010
- People v. CamlinAppellate Division of the Supreme Court of the State of New York · 2015
- People v. KyleAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.