People v. Garcia , 782 N.Y.S.2d 273 ( 2004 )


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  • Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered May 14, 2001, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of seven years, unanimously affirmed.

    Defendant’s claim that the prosecutor improperly answered a grand juror’s question concerning evidence presented to the grand jury is forfeited by defendant’s guilty plea (see People v Hansen, 95 NY2d 227, 230 [2000]). In any event, were we to find that this claim survived defendant’s plea, we would find no impairment of the integrity of the grand jury process (see People v Mitchell, 82 NY2d 509 [1993]).

    We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Mazzarelli, Sullivan, Williams arid Catterson, JJ.

Document Info

Citation Numbers: 11 A.D.3d 235, 782 N.Y.S.2d 273

Filed Date: 10/7/2004

Precedential Status: Precedential

Modified Date: 1/12/2022