Opinion
April 12, 1984
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Hancock, Jr., J.P., Denman, Boomer, O'Donnell and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: We agree with the trial court that the defendant was denied neither his statutory nor constitutional right to a speedy trial. ¶ In sentencing the defendant, the trial court properly considered defendant's possession of cocaine even though the cocaine had been suppressed as evidence illegally obtained (see People v Wright, 104 Misc.2d 911, 920-925, and cases cited therein). ¶ Finally, we reject defendant's contention that the court should have precluded the District Attorney from questioning the defendant before the Grand Jury concerning the cocaine. As stated by the court in denying defendant's motion, the court has no power to interfere with the Grand Jury's function of investigating crime. Moreover, illegally obtained evidence and the fruits thereof are admissible in a Grand Jury proceeding ( United States v Calandra, 414 U.S. 338, cited in People v McGrath, 46 N.Y.2d 12, 22; Matter of Grand Jury Proceedings [ People v Doe], 89 A.D.2d 605).