Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of rape in the first degree (Penal Law § 130.35 [1]). We reject the contention of defendant that County Court erred in denying his motion to dismiss the indictment based on prosecutorial misconduct during the Grand Jury proceeding. Defendant was originally indicted for rape in the first degree. After the victim commenced a civil action against...
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