People v. Sumpter

— Judgment unanimously affirmed. Memorandum: Defendant waived his contention that the indictment against him should have been dismissed because he was denied a reasonable opportunity to testify before and to present evidence to the Grand Jury. An indictment is subject to dismissal on that ground only if a proper motion is made within five days of defendant’s arraignment on the indictment (see, CPL 190.50 [5] [c]). Here, defendant was arraigned on the indictment on July 28, 1986, but his motion to dismiss was not made until October 7, 1986, more than two months later. Accordingly, defendant…