Opinion
October 10, 1995
Appeal from the Supreme Court, Kings County (George, J.).
Ordered that the judgment is affirmed.
The defendant contends that he is entitled to disclosure of the Grand Jury minutes so that he can determine whether exculpatory evidence was presented to the Grand Jury and whether the defense of justification was charged. However, the defendant's potential challenges to the Grand Jury proceedings are not jurisdictional in nature and, thus, have been forfeited by the entry of his plea of guilty (see, People v. Peterson, 216 A.D.2d 591; People v Warf, 208 A.D.2d 874; People v. Gerber, 182 A.D.2d 252, 259-261). In any event, the People were not obligated to present testimony supporting a potential justification defense to the Grand Jury, and their alleged failure to do so does not provide a compelling reason to depart from the general rule that Grand Jury proceedings remain secret (see, People v. Mitchell, 82 N.Y.2d 509, 515; People v. Lancaster, 69 N.Y.2d 20, 26; Matter of District Attorney of Suffolk County, 58 N.Y.2d 436).
The defendant pleaded guilty with the understanding that he would receive the sentence that was actually imposed. Thus, he has no basis to contend that his sentence is excessive (see, People v. Kazepis, 101 A.D.2d 816). Bracken, J.P., Sullivan, Friedmann and Krausman, JJ., concur.