Opinion
November 30, 1992
Appeal from the Supreme Court, Queens County (Lerner, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
We find that the trial court did not err in denying the defendant's motion to dismiss the indictment on the ground that, during the Grand Jury proceedings, a witness was allowed to testify that, after the fight between the defendant and the decedent, another inmate in the cell said "`Rudy you catch another body. Why you catch another body', meaning he killed somebody". While allowing such hearsay was improper, we find that the Grand Jury proceeding was not infected to the point that its "integrity was impaired" (People v Darby, 75 N.Y.2d 449, 454-455; People v Calbud, Inc., 49 N.Y.2d 389, 395-396; CPL 210.35; 210.20 [1]).
We have examined the defendant's remaining contentions and find them to be without merit. Balletta, J.P., Rosenblatt, Miller and O'Brien, JJ., concur.