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People v. Garcia

11 A.D.3d 235 Court N.Y. App. Div. Decision date 2004-10-07 English

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p. 235
The People of the State of New York, Respondent, v Jose Garcia, Appellant.
[782 NYS2d 273]

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.

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