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PEOPLE v. VAN DYKE

214 A.D.2d 468 (1995)

625 N.Y.S.2d 529

The People of the State of New York, Respondent, v. Perry Van Dyke, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 25, 1995

There is no merit to defendant's contention that the prosecutor's response to a grand juror's question as to whether there was physical evidence of rape — "that that should not concern you at this time * * * [and] will be dealt with at a later time, in a different forum" — impaired the integrity of the Grand Jury within the meaning of CPL 210.35 (5) (see, People v Darby, 75 N.Y.2d 449, 454-455). We also reject...

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