Defendant's motion to dismiss the indictment was properly denied, since there was no impairment of the integrity of the Grand Jury proceedings. Defendant's credibility was properly impeached by questions about his prior convictions and prior bad acts, including those similar to the charges being presented to the Grand Jury (see, People v. Jones, 239 A.D.2d 234; People v. Spulka, 226 A.D.2d 321, lv denied 88 N.Y.2d 869;see also, People v. Pavao, 59 N.Y.2d 282, 292). The Grand Jury was instructed on the limited purpose for which this testimony was received.
When the People disclosed a police memo book entry that had not been provided during the suppression hearing, the trial court properly exercised its discretion in reopening the suppression hearing "only to the extent necessary to cross-examine the People's witness as to the contents of the [memo book entry]" (People v. Feerick, 93 N.Y.2d 433, 452), and properly determined that no further relief was necessary. This was entirely appropriate since the memo book entry dealt with matters which the motion court had described as "not critical to my determining defendant's motion."
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.