PEOPLE v. GUTIERREZ

KA 10-01794.

96 A.D.3d 1455 (2012)

946 N.Y.S.2d 375

2012 NY Slip Op 4553

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRES P. GUTIERREZ, Appellant.

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

June 8, 2012.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the first degree (Penal Law § 160.15 [4]) and robbery in the second degree (§ 160.10 [1]). Defendant failed to preserve for our review his contention that the integrity of the grand jury proceeding was impaired pursuant to CPL 210.35 (5) inasmuch as he did not move to dismiss the indictment...

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