People v. Kyle

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered March 13, 2007. The judgment convicted defendant, after a jury trial, of course of sexual conduct against a child in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1]). “By failing to move to dismiss the indictment within five days of his arraignment, defendant has waived his contention that he…