Torts · MBE-tested

The People of the State of New York, Respondent, v. Jose Garcia, Appellant

11 A.D.3d 235782 N.Y.S.2d 273·New York Supreme Court, Appellate Division·2004·NY

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Opinion

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