Opinion
3704.
Decided May 20, 2004.
Judgment, Supreme Court, New York County (Dora L. Irizarry, J.), rendered April 16, 2002, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 years, unanimously affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Jessica S. Henry of counsel), for appellant.
Stephen Roberts, appellant pro se.
Robert M. Morgenthau, District Attorney, New York (Madeleine Guilmain of counsel), for respondent.
Before: Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ.
This Court's prior order, which denied defendant's motion to expand the record to include grand jury minutes, is dispositive of his claim that the absence of such minutes unduly hinders his ability to present an appeal ( see e.g. People v. Julius, 300 A.D.2d 167, lv denied 99 N.Y.2d 655), and there is no reason to depart from our prior determination. Defendant failed to demonstrate a compelling need for the minutes ( see People v. Robinson, 98 N.Y.2d 755), particularly since the issue he seeks to raise was forfeited by his guilty plea ( People v. Hansen, 95 N.Y.2d 227, 231-232).
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.