Opinion
July 9, 1990
Appeal from the Supreme Court, Kings County (Greenberg, J.).
Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to dismiss Kings County indictment No. 1366/88 is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
Because there is no indication that the defendant may have been prejudiced thereby, the bifurcated procedure employed by the prosecutor in presenting the instant case to the Grand Jury was proper (see, CPL 210.35; People v. Cade, 74 N.Y.2d 410, 417; see also, People v. Baez, 118 A.D.2d 863). Mangano, P.J., Bracken, Rubin and Rosenblatt, JJ., concur.