
    The People of the State of New York, Respondent, v Rafael Rivera, Appellant.
   We also reject defendant’s contention that the court erred in denying his motion to dismiss the indictment (see, People v Cade, 74 NY2d 410).

We have examined defendant’s other contention and find it to be without merit. (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Murder, 2nd Degree.) Present —Denman, P. J., Pine, Balio, Lawton and Davis, JJ.  