Opinion
Submitted October 15, 1974
Decided October 23, 1974
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
John J. Olszewski for appellants.
Peter J. Notaro, Assistant District Attorney, for respondents.
Judgment affirmed (see Matter of Paciona v. Marshall, 35 N.Y.2d 289). We would also note that the petitioner made a timely motion to dismiss the indictment alleging illegality of the jury selection process. Appellate review of a denial of that motion, if available at all, would only be on direct appeal from a judgment of conviction if one ensued. (CPL 470.15, subd. 1; CPLR 7801, subd. 1; cf. People v. Chestnut, 26 N.Y.2d 481.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in Per Curiam opinion.
Judgment affirmed, without costs.