PEOPLE v. GILBERTO (2024)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. GILBERTO D., Defendant–Appellant.

2268

Decided: May 14, 2024

Oing, J.P., González, Kennedy, Higgitt, O'Neill Levy, JJ.

Gilberto D., appellant pro se. Alvin L. Bragg, Jr., District Attorney, New York (Jennifer Covais of counsel), for respondent.

Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered August 8, 2016, convicting defendant, after a nonjury trial, of murder in the second degree, and sentencing him, as a second felony offender, to a term of 25 years to life, unanimously affirmed.

Defendant's claim that the indictment was invalid for failing to contain the signature of the foreperson is belied by the record, which contains a copy of the signed indictment (CPL 200.50[8]). As the court explained to defendant at trial, the indictment was signed by the foreperson, but the copy provided to defendant did not contain that signature to protect the identity of the foreperson.

Defendant's argument that he was denied his right to testify before the grand jury is unavailing because there is no indication in the record that defendant had notified the prosecution of his intent to testify in accordance with CPL 190.50(5)(a).

We have considered defendant's remaining contentions and find them unavailing.

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