People v Garcia
2004 NY Slip Op 07222 [11 AD3d 235]
October 7, 2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Division, First Department
As corrected through Wednesday, December 15, 2004


The People of the State of New York, Respondent,
v
Jose Garcia, Appellant.

[*1]Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered May 14, 2001, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of seven years, unanimously affirmed.

Defendant's claim that the prosecutor improperly answered a grand juror's question concerning evidence presented to the grand jury is forfeited by defendant's guilty plea (see People v Hansen, 95 NY2d 227, 230 [2000]). 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 process (see People v Mitchell, 82 NY2d 509 [1993]).

We perceive no basis for reducing the sentence. Concur—Nardelli, J.P., Mazzarelli, Sullivan, Williams and Catterson, JJ.