Opinion
April 8, 1996
Appeal from the County Court, Nassau County (Jonas, J.).
Ordered that the judgment is affirmed.
The defendant failed to make a written motion within five days of his arraignment, to dismiss the indictment on the basis that he had been denied an opportunity to testify before the Grand Jury, and thus he waived his right to challenge the indictment ( see, CPL 190.50 [c]; People v. MacCall, 122 A.D.2d 79). In any event, the defendant was not denied an opportunity to appear before the Grand Jury since he indeed appeared with his attorney at the Grand Jury proceeding but refused to testify under a waiver of immunity.
The defendant's remaining contentions are either unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250), or without merit. Thompson, J.P., Sullivan, Pizzuto and McGinity, JJ., concur.