| People v Welden |
| 2016 NY Slip Op 04746 [140 AD3d 1406] |
| June 16, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vMark J. Welden, Appellant. |
Robert Gregor, Lake George, for appellant.
Karen Heggen, District Attorney, Ballston Spa (Kristin T. Foust of counsel), forrespondent.
McCarthy, J.P. Appeal from a judgment of the County Court of Saratoga County(Scarano, J.), rendered September 4, 2014, upon a verdict convicting defendant of thecrimes of aggravated harassment in the second degree (two counts) and endangering thewelfare of a child (two counts).
Defendant was charged by a 12-count indictment with a variety of crimes based onallegations regarding his relationship with his son's 14-year-old girlfriend. After hisconviction on two counts of aggravated harassment in the second degree and two countsof endangering the welfare of a child, County Court sentenced defendant to an aggregateprison term of two years. Defendant appeals.
By failing to challenge the indictment within five days of being arraigned on it,defendant waived his right to argue that it should have been dismissed based on adeprivation of his right to testify before the grand jury as to his version of events(see CPL 190.50 [5] [c]; People v Littebrant, 55 AD3d 1151, 1153 [2008], lvdenied 12 NY3d 818 [2009]). In any event, defendant's argument is without merit. Areview of the record established that defendant was only restricted from continuingnarratives unrelated to the charges at issue, such as a story about chasing deer in a field.Accordingly, were this issue before us, we would find that defendant's right to make astatement about the relevant matters before the grand jury was not abridged (seePeople v Smith, 84 NY2d 998, 1001 [1994]; People v Dunn, 248 AD2d 87,94-96 [1998]). Finally, given defendant's extensive criminal history, County Court'simposition of the maximum sentence is neither harsh nor excessive (see People v Hill, 130 AD3d1305, 1306 [2015], lv [*2]denied 27 NY3d999 [2016]). Defendant's remaining contentions are also without merit.
Egan Jr., Lynch, Devine and Mulvey, JJ., concur. Ordered that the judgment isaffirmed.