People v. Garcia

11 A.D.3d 235, 782 N.Y.S.2d 273, 2004 N.Y. App. Div. LEXIS 11681

Opinion

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered May 14, 2001, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of seven years, unanimously affirmed.

Defendant’s claim that the prosecutor improperly answered a grand juror’s question concerning evidence presented to the grand jury is forfeited by defendant’s guilty plea (see People v Hansen, 95 NY2d 227, 230 [2000]). In any event, were we to find that this claim survived defendant’s plea, we would find no impairment of the integrity of the grand jury process (see People v Mitchell, 82 NY2d 509 [1993]).

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Mazzarelli, Sullivan, Williams arid Catterson, JJ.