Memorandum: The contention of defendant that the prosecutor improperly instructed the grand jury does not survive his plea of guilty ( see People v. Miles, 237 A.D.2d 991, lv denied 90 N.Y.2d 861; People v. Ivey [appeal No. 2], 229 A.D.2d 1020, lv denied 89 N.Y.2d 865; People v. Garcia, 216 A.D.2d 36, 36-37). In any event, we conclude upon our review of the grand jury minutes that the prosecutor did not err in instructing the grand jury.
Appeal from Judgment of Monroe County Court, Connell, J. — Criminal Possession Controlled Substance, 3rd Degree. Judgment unanimously affirmed (see, People v. Miles, 237 A.D.2d 991, lv denied 90 N.Y.2d 861). PRESENT: GREEN, J. P., HAYES, PIGOTT, JR., AND SCUDDER, JJ.