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PEOPLE v. GORDON

277 A.D.2d 1053 (2000)

716 N.Y.S.2d 839

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFTON GORDON, Also Known as BIGHEAD, Appellant.

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

Decided November 13, 2000.

Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that he was denied a fair trial by prosecutorial misconduct. The alleged incident of misconduct concerning the Grand Jury proceedings is not preserved for our review because defendant failed to move to dismiss the indictment under CPL 210.35 (5) (see, People v Sheltray, 244 A.D.2d 854, lv denied 91 N.Y.2d 897; People v Gilliam...

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