Opinion
December 2, 1991
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
Contrary to the defendant's contentions, we find that the indictment was supported by legally sufficient evidence. When viewed in a light most favorable to the prosecution (see, People v Warner-Lambert Co., 51 N.Y.2d 295, cert denied 450 U.S. 1031), the evidence adduced before the Grand Jury, if accepted as true, established every element of the offenses charged and the defendant's commission thereof (see, People v Deegan, 69 N.Y.2d 976; People v Jennings, 69 N.Y.2d 103; People v Miley, 161 A.D.2d 368; People v Rosario, 160 A.D.2d 1031). Furthermore, under the circumstances of this case, the complainant's testimony recounting his prior identification of the defendant did not undermine the integrity of the Grand Jury proceedings (CPL 60.30; see, People v Brownlee, 121 A.D.2d 553, 554; People v Diaz, 107 A.D.2d 706, 707; People v Horne, 121 Misc.2d 389).
We have reviewed the defendant's remaining contentions in support of an affirmance and find them to be without merit. Kunzeman, J.P., Eiber, Miller and Ritter, JJ., concur.