THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JAMES BLAIR DEFENDANT APPELLANT (2015)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES BLAIR, DEFENDANT–APPELLANT.

KA 12–01370

Decided: June 12, 2015

PRESENT: SCUDDER, P.J., CARNI, PERADOTTO, SCONIERS, AND VALENTINO, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. GUGINO OF COUNSEL), FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: We previously held this case, reserved decision, and remitted the matter to Supreme Court to decide those parts of defendant's pretrial motion seeking inspection of the grand jury minutes and dismissal of the indictment on the grounds that the evidence before the grand jury was legally insufficient and the grand jury proceeding was defective (People v. Blair, 121 AD3d 1570, 1571–1572). In that prior decision, we rejected defendant's remaining contentions. Upon remittal, the court denied the above-mentioned parts of defendant's motion. Defendant raises no contentions with respect to that denial and has thus abandoned any such contentions (see People v. Bridgeland, 19 AD3d 1122, 1123; People v. Jones, 2 AD3d 1397, 1399, lv denied 2 NY3d 742), and we therefore affirm the judgment.

Frances E. Cafarell

Clerk of the Court

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