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THE PEOPLE, ETC., respondent, v. NELSON MONTES, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the prosecutor's conduct did not impair the integrity of the grand jury ( see CPL 210.20[c]; 210.35[5]; People v. Adessa, 89 N.Y.2d 677, 684-686; People v. Huston, 88 N.Y.2d 400, 409; People v. Murphy, 198 A.D.2d 525, 526-527). Accordingly, the Supreme Court properly denied the defendant's motion to dismiss the indictment on that ground.

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.

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PEOPLE v. MONTES
(Mar 15, 2004)