Opinion
April 11, 1988
Appeal from the County Court, Westchester County (Stolarik, J.).
Ordered that the judgment is affirmed.
The defendant's contentions relating to the jury charge have not been preserved for appellate review (CPL 470.05; see, People v. Thomas, 50 N.Y.2d 467, 473-474) and are in any event meritless. The trial court's instruction that the foreman of the Grand Jury had the authority to administer an oath was an accurate statement of the law (CPL 190.25). The court's determination and instruction that the inquiries made of the defendant before the Grand Jury constituted legal and proper interrogatories was proper (People v. Ianniello, 36 N.Y.2d 137, 145-146, cert denied 423 U.S. 831), and the court's instruction to the jury that reliance on the advice of counsel constituted no defense to the crimes charged was entirely correct (see, Matter of Second Additional Grand Jury of County of Kings [Cioffi], 10 A.D.2d 425, affd 8 N.Y.2d 220; see also, People v. Dercole, 72 A.D.2d 318, appeal dismissed 52 N.Y.2d 956; Matter of Additional Jan. 1979 Grand Jury of Albany Supreme Ct. v. Doe, 84 A.D.2d 588; People v. Breindel, 73 Misc.2d 734, affd 45 A.D.2d 691, affd 35 N.Y.2d 928). Mollen, P.J., Thompson, Lawrence and Weinstein, JJ., concur.