Ordered that the judgment is affirmed.
Dismissal of an indictment pursuant to CPL 210.35 (5) is appropriate where the grand jury proceeding is defective in that it fails "to conform to the requirements of [CPL article 190] to such degree that the integrity thereof is impaired and prejudice to the defendant may result" (CPL 210.35 [5]; see 210.20 [1] [c]). "The exceptional remedy of dismissal . . . under CPL 210.35 (5) should . . . be limited to those instances...
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