People v. Ali

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered February 26, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

*539Ordered that the judgment is affirmed.

The defendant contends that he was denied his statutory right to testify before the grand jury. However, by failing to move to dismiss the indictment within five days of his arraignment, the defendant waived that contention (see, CPL 190.50 [5] [c]; People v DiGabriele, 262 AD2d 331; People v Obee, 232 AD2d 430, 431;…