Opinion
March 14, 1988
Appeal from the Supreme Court, Queens County (Dufficy, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
Furthermore, the trial court did not err in admitting the defendant's Grand Jury testimony into evidence on the People's direct case. The defendant's waiver of immunity before his appearance in the Grand Jury contemplated the utilization of his testimony in any later proceeding in which it became material (see, People v. Castillo, 3 A.D.2d 963; see also, United States v Grunewald, 164 F. Supp. 640; cf., People v. Batalias, 32 A.D.2d 1068, affd 27 N.Y.2d 958). Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.