People v. Sapp

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Defendant contends that his convictions must be reversed and the indictments dismissed because the People’s failure to comply with CPL 190.45 (2) resulted in his acquiring transactional immunity (People v Higley, 70 NY2d 624). Because no motion to dismiss the indictment was made before trial or sentencing (CPL 210.20 [1] [d]; [2]; 255.20), this claim raised for the first time on appeal has not been preserved for review (see, e.g., People v Lawrence, 64 NY2d 200, 203; People v…