Opinion
February 22, 1994
Appeal from the Supreme Court, Kings County (Beldock, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he was prejudiced by comments of the Assistant District Attorney during the Grand Jury proceeding was forfeited by his failure to move to dismiss the indictment on this ground (see, CPL 210.20 [c]; 255.20 [3]; People v. Iannone, 45 N.Y.2d 589). Moreover, the contention is unpreserved for appellate review (see, CPL 470.05; People v. Hodge, 141 A.D.2d 843, 844), and, in any event, is meritless.
Furthermore, we disagree with the defendant's contention that the Supreme Court erred in denying suppression of an imitation handgun recovered from the defendant prior to his arrest.
We find that the defendant's remaining contentions are without merit. Thompson, J.P., Rosenblatt, Copertino and Hart, JJ., concur.