PEOPLE v. BROWN


17 A.D.3d 869 (2005)

793 N.Y.S.2d 270

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ONEIL BROWN, Appellant.

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

April 21, 2005.


Cardona, P.J.

Defendant pleaded guilty to one count of promoting prison contraband in the first degree in satisfaction of a two-count indictment and was thereafter sentenced to a prison term of 2½ to 5 years. Defendant now appeals contending that the indictment must be dismissed because it was not signed by the grand jury foreperson as required by CPL 200.50 (8).

Initially, we note that because defendant failed to move to

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