PEOPLE v. NATHAN

Judgment affirmed.

Defendant is not entitled to a mistrial predicated upon his own contumacious behavior ( see, Estelle v. Williams, 425 U.S. 501, 505, n 2; Illinois v. Allen, 397 U.S. 337; United States v Bentvena, 319 F.2d 916, cert denied sub nom. Ormento v. United States, 375 U.S. 940; People v. Epps, 37 N.Y.2d 343, cert denied 423 U.S. 999; People v. Palermo, 32 N.Y.2d 222).

Defendant's contention that the court should have dismissed counts five, nine and eleven of the indictment because they were lesser included offenses of count one does not have any merit (CPL 1.20; see, People v. Glover, 57 N.Y.2d 61; People v Perez, 45 N.Y.2d 204; People v. Acevedo, 40 N.Y.2d 701). Lazer, J.P., O'Connor, Weinstein and Brown, JJ., concur.