People v. DelCerro

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered November 12, 1999, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

Defendant’s motion to dismiss the indictment on the ground that he was deprived of his opportunity to appear before the grand jury was properly denied as untimely (CPL 190.50 [5] *161[c]; People v Biggs, 214 AD2d 312), as well as on the merits, since it did not state a sufficient basis for dismissal. Defense counsel’s…