People v. DiGabriele

—Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered May 8, 1997, convicting him of criminal contempt in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied his statutory right to testify before the Grand Jury. However, having failed to move to dismiss the indictment within five days of his arraignment thereon, the defendant has waived the contention raised herein (see, CPL 190.50 [5] [a]; People v Valle, 198 AD2d 459).

The defendant contends that he was denied…