People v Simmons

People v Simmons 2012 NY Slip Op 02425 Decided on April 3, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 3, 2012
Friedman, J.P., DeGrasse, Freedman, Abdus-Salaam, JJ.
7245 4666/09

[*1]The People of the State of New York, Respondent,

v

Rashawn Simmons, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Lawrence T.
Hausman of counsel), and Boies, Schiller & Flexner LLP, New
York (Stephen Kyriacou of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christopher
P. Marinelli of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael Sonberg, J.), rendered May 25, 2010, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and attempted burglary in the second degree, and sentencing him to concurrent terms of one year, unanimously affirmed.

By pleading guilty, defendant waived his contention that the grand jury proceedings were impaired by the prosecutor's failure to introduce alleged exculpatory portions of his statement (see People v Hansen, 95 NY2d 227 [2000]; People v Bishop, 1 AD3d 112 [2003], lv denied 1 NY3d 568 [2003]). In any event, the alleged errors did not rise to the level of impairment of the integrity of the grand jury proceedings and did not warrant the exceptional remedy of dismissal of the indictment or a count thereof (see People v Huston, 88 NY2d 400, 410 [1996]; People v Darby, 75 NY2d 449, 455 [1990]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 3, 2012

CLERK