Opinion
October 31, 1988
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is affirmed.
We find no irregularity in the Grand Jury proceeding which might have presented any real possibility of prejudice to the defendant such as to warrant dismissal of the indictment (CPL 210.20 [c]; 210.35 [5]). The defendant was afforded ample opportunity to present any evidence supporting a potential justification defense and the prosecutor was not obligated to search for evidence favorable to the defendant (see, People v Lancaster, 69 N.Y.2d 20, 26, cert denied 480 U.S. 922; cf., People v Rubin, 77 A.D.2d 578). Nor does the claimed inadequacy in the prosecutor's instructions to the jury furnish a ground for dismissal of the indictment since the prosecutor read the complete statutory definition of justification (see, People v Calbud, Inc., 49 N.Y.2d 389, 395, n 1).
The defendant's claim of error with respect to the procedure followed in executing his waiver of a jury trial has not been preserved for appellate review (CPL 470.05; see, People v Johnson, 51 N.Y.2d 986; People v Davidson, 123 A.D.2d 782, 783, lv denied 69 N.Y.2d 826), and, under the circumstances of this case, there is no basis to review this issue in the interest of justice.
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.