Opinion
2002-07178.
March 21, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered July 23, 2002, convicting him of assault in the second degree and menacing in the second degree, upon a jury verdict, and imposing sentence.
Before: Schmidt, J.P., Krausman, Rivera and Fisher, JJ., concur.
Ordered that the judgment is affirmed.
The prosecutor's failure to present evidence that one witness identified the assailant as having a scar on his face does not render the grand jury proceeding defective ( see People v. Mitchell, 82 NY2d 509; People v. Morris, 204 AD2d 973; People v. Perry, 187 AD2d 678).
The defendant's remaining contentions are without merit.