People v. Tower

—Judgment unanimously affirmed. Memorandum: By pleading guilty, defendant waived his contention that he was denied the right to appear before the Grand Jury (see, People v Franklin, 232 AD2d 577, lv denied 89 NY2d 985; People v Dennis, 223 AD2d 814, lv denied 87 NY2d 972; People v Smith, 168 AD2d 915, 916, lv denied 77 NY2d 911). Further, defendant failed to move to dismiss the indictment on that ground within five days of his arraignment, thereby waiving his right to contend at a later time that he was denied the right to appear (see, CPL 190.50 [5] [c]; People v Valle, 198 AD2d 459, lv…