| People v Colorio |
| 2005 NY Slip Op 02269 [16 AD3d 594] |
| March 21, 2005 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Jerry Colorio, Appellant. |
—[*1]
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered July 23, 2002, convicting him of assault in the second degree and menacing in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The prosecutor's failure to present evidence that one witness identified the assailant as having a scar on his face does not render the grand jury proceeding defective (see People v Mitchell, 82 NY2d 509 [1993]; People v Morris, 204 AD2d 973 [1994]; People v Perry, 187 AD2d 678 [1992]).
The defendant's remaining contentions are without merit. Schmidt, J.P., Krausman, Rivera and Fisher, JJ., concur.