Opinion
October 10, 1995
Appeal from the Supreme Court, New York County (Michael Corriero, J.).
The hearsay nature of the lab report presented to the Grand Jury as proof that the substance defendant was charged with selling and possessing contained cocaine did not render the indictment jurisdictionally defective ( see, People v. Iannone, 45 N.Y.2d 589, 600-601). Accordingly, defendant waived his right to challenge the sufficiency of the evidence by pleading guilty to a lesser included offense ( People v. Pelchat, 62 N.Y.2d 97, 108; People v. Phillips, 201 A.D.2d 255, lv denied 83 N.Y.2d 914). Nor does defendant show how he was prejudiced by the People's failure to file timely copies of the report in accordance with CPL 190.30 (2-a) ( see, People v. Patterson, 161 Misc.2d 493), or how this technical defect otherwise impaired the integrity of the Grand Jury process ( see, People v. Pelchat, supra).
Concur — Sullivan, J.P., Kupferman, Nardelli and Williams, JJ.