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THE PEOPLE, etc., respondent, v. GREGORY WADE, a/k/a EMANUEL SMITH, appellant. (Ind. No. 3609/95)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the indictment should be dismissed on the ground that he was denied his right to testify before the Grand Jury. Having failed to move to dismiss the indictment within five days after his arraignment, the defendant waived this argument ( see, CPL 190.50[c]; People v. Varriale, 238 A.D.2d 208; People v. Anderson, 192 A.D.2d 714).

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

SANTUCCI, J.P., S. MILLER, LUCIANO, and FEUERSTEIN, JJ., concur.

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PEOPLE v. WADE
(Jan 27, 2000)