Opinion
December 23, 1994
Appeal from the Steuben County Court, Bradstreet, J.
Present — Lawton, J.P., Fallon, Wesley, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's conviction of unauthorized use of a vehicle in the second degree (Penal Law § 165.06) is supported by legally sufficient evidence (see, People v Roby, 39 N.Y.2d 69; People v McCaleb, 25 N.Y.2d 394; cf., People v Gray, 154 A.D.2d 547), and the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Defendant was not deprived of a fair trial by prosecutorial misconduct during summation (see, People v Plant, 138 A.D.2d 968, lv denied 71 N.Y.2d 1031; cf., People v Mott, 94 A.D.2d 415, 419). County Court properly denied the motion of defendant to dismiss the indictment on the ground that the integrity of the Grand Jury proceeding was impaired by the admission of certain evidence (see, CPL 210.20 [c]; 210.35 [5]). Finally, there is no merit to the contention of defendant that the sentence is unduly harsh or severe.