PEOPLE v. MONTES

Appellate Division of the Supreme Court of New York, Second Department.

Mar 15, 2004

Judgment

CaseIQ

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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.