People v. Moragne

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of robbery in the first degree, robbery in the second degree and assault in the first degree. The conviction stems from the armed holdup of a crack cocaine seller who was shot in the back as he attempted to flee. Because defendant failed to make a timely motion to dismiss either the original or superseding indictment, he has waived any challenge to the indictment based on the People’s failure to afford him an opportunity to appear and testify before the Grand Jury (see, CPL…