Opinion
June 22, 2000.
Judgment, Supreme Court, New York County (Harold Beeler, J., on dismissal motion; Bruce Allen, J., at jury trial and sentence), rendered March 18, 1998, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
Michael S. Morgan, for respondent.
Luke Martland, for defendant-appellant.
Before: Ellerin, J.P., Rubin, Saxe, Buckley, JJ.
Defendant's motion to dismiss the indictment was properly denied. This was not the "rare case" (see, People v. Huston, 88 N.Y.2d 400, 410; People v. Darby, 75 N.Y.2d 449, 454-455) where alleged errors in the Grand Jury presentation would rise to the level of impairment of the integrity of the Grand Jury process and create the risk of prejudice.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.