Opinion
2094, 2094A
November 6, 2003.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered September 26, 2000, convicting defendant, upon his plea of guilty, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, and judgment, same court (William Leibovitz, J.), rendered April 11, 2001, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a concurrent term of 3 years, unanimously affirmed.
Dana Poole, for respondent.
Joseph Lavine, for defendant-appellant.
Before: Buckley, P.J., Tom, Ellerin, Williams, JJ.
By pleading guilty, defendant forfeited his claim that the court should have granted his motion to dismiss the indictment on the ground that the People, in introducing testimony before the grand jury concerning defendant's statement to the police, failed to elicit exculpatory portions of that statement (People v. Hansen, 95 N.Y.2d 227, 230). In any event, were we to find that this claim survived defendant's plea, we would find no impairment of the integrity of the grand jury proceeding (see People v. Mitchell, 82 N.Y.2d 509). The omitted remarks were insignificant and had little or no exculpatory value.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.