Opinion
February 24, 1994
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
Defendant's claim that his conviction should be reversed and the indictment dismissed because the prosecutor improperly elicited testimony of uncharged crimes before the Grand Jury is unpreserved as a matter of law for failure to make a pretrial motion to dismiss the indictment within 45 days after the arraignment (CPL 255.10 [a]; 255.20 [1]). In any event, the claim is without merit since the testimony elicited from the eyewitness to the murder was probative of defendant's motive for the killing (CPL 190.30; People v. Alvino, 71 N.Y.2d 233, 241-242).
We have considered defendant's other claims and find they do not warrant any modification of the judgment.
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.