People v. Haggins

Judgment unanimously affirmed. Memorandum: On this consolidated appeal from a judgment of conviction for second degree burglary and related crimes and from an order denying his motion to vacate the judgment, defendant’s principal claim is that the indictment must be dismissed because his waiver of immunity was ineffective (see, People v Higley, 70 NY2d 624). Defendant, however, has not preserved this claim for review because he failed to move to dismiss the indictment before trial or before sentencing (see, People v Sapp, 142 AD2d 971, lv denied 72 NY2d 961). Since the defect in the Grand…