Opinion
2002-10982.
Decided March 15, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered November 19, 2002, convicting him of manslaughter in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Laura R. Johnson, New York, N.Y. (Lorca Morello of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT SANDRA L. TOWNES, JJ.
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.