People v. Rivera

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree. He contends that he was deprived of his due process rights when County Court, in denying his motion to dismiss the indictment on grounds of legal insufficiency, referred to a different defen*1038dant. Defendant incorrectly characterizes his contention as one raising an argument of constitutional dimension. It is more appropriately characterized as one challenging the sufficiency of the evidence before the Grand Jury, and, as such, was waived by his guilty plea (see, People…