Defendant's motion to dismiss the indictment on the ground that he was deprived of his opportunity to appear before the grand jury was properly denied as untimely (CPL 190.50 [c]; People v. Biggs, 214 A.D.2d 312), as well as on the merits, since it did not state a sufficient basis for dismissal. Defense counsel's failure to effectuate defendant's request to testify before the grand jury did not constitute ineffective assistance of counsel (see People v. Wiggins, 89 N.Y.2d 872).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The credible evidence satisfied the element of an entry onto premises in that it established that defendant broke the windows to the victim's residence and placed his hands and upper torso inside (see People v. King, 61 N.Y.2d 550; People v. Clarke, 233 A.D.2d 831, lv denied 89 N.Y.2d 1010;People v. Nestman, 220 A.D.2d 232, lv denied 88 N.Y.2d 851).
Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see People v. Rosen, 96 N.Y.2d 329, cert denied 534 US 899, 122 S.Ct. 224).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.