Opinion
KA 01-01157
November 15, 2002.
Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered March 22, 2001, convicting defendant upon his plea of guilty of burglary in the third degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
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.