Opinion
Argued January 31, 2000
March 17, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered November 13, 1997, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Edward Irizarry, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Leonard Joblove of counsel), for respondent.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to provide the People with reasonable notice of his motion to dismiss the indictment (see, CPL 30.30 Crim. Proc.; CPL 210.45 Crim. Proc.[1]; People v. Lawrence, 64 N.Y.2d 200, 203; People v. Baxter, 216 A.D.2d 931; People v. Harvall, 196 A.D.2d 553, 554). In any event, we find that the Supreme Court properly denied the defendant's motion to dismiss the indictment pursuant to CPL 30.30 Crim. Proc. (see, People v. Stirrup, 91 N.Y.2d 434; People v. Harris, 82 N.Y.2d 409).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
MANGANO, P.J., BRACKEN, LUCIANO, and SMITH, JJ., concur.