Judgment affirmed.
While the record discloses that the People failed to comply with Penal Law § 450.10, such noncompliance was not in bad faith and did not prejudice the defendant. Therefore, dismissal of the indictment or modification of the judgment is not warranted (see, People v Angelo, 93 A.D.2d 264; People v Washington, 110 A.D.2d 797; People v Lopez, 123 Misc.2d 134). Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.