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PEOPLE v. ROGERS
Appellate Division of the Supreme Court of New York, First Department.
Nov 6, 2003
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By pleading guilty, defendant forfeited his claim that the court should have granted his motion to dismiss the indictment on the ground that the People, in introducing testimony before the grand jury concerning defendant's statement to the police, failed to elicit exculpatory portions of that statement (People v. Hansen, 95 N.Y.2d 227, 230). 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 proceeding (see People v. Mitchell, 82 N.Y.2d 509). The omitted remarks were insignificant and had little or no exculpatory value.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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