PEOPLE v. GARCIA (2004)

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

The PEOPLE of the State of New York, Respondent, v. Jose GARCIA, Defendant-Appellant.

Decided: October 07, 2004

NARDELLI, J.P., MAZZARELLI, SULLIVAN, WILLIAMS, CATTERSON, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Robert Budner of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Susan Axelrod of counsel), for respondent.

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 7 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 N.Y.2d 227, 230, 715 N.Y.S.2d 369, 738 N.E.2d 773 [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 N.Y.2d 509, 605 N.Y.S.2d 655, 626 N.E.2d 630 [1993] ).

We perceive no basis for reducing the sentence.

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