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PEOPLE v. NIEVES

63 A.D.3d 541 (2009)

880 N.Y.S.2d 480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO NIEVES, Appellant.

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

Decided June 18, 2009.

The prosecutor was not required to provide the grand jury with a circumstantial evidence charge. Even where the evidence is wholly circumstantial, a failure to charge the grand jury on circumstantial evidence does not impair the integrity of the proceeding (see People v Wooten, 283 A.D.2d 931, 932 [2001], lv denied 96 N.Y.2d 943 [2001]).

The surcharges and fees were properly imposed...

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