People v Kalu

2007 NY Slip Op 09049 [45 AD3d 699]

November 13, 2007

Appellate Division, Second Department

As corrected through Wednesday, January 16, 2008

The People of the State of New York,Respondent, v Ndukwe Kalu, Appellant.

—[*1]Steven Banks, New York, N.Y. (Cheryl Williams of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and William H. Branigan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.),rendered November 14, 2005, convicting him of assault in the second degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

We agree with the People that by entering his guilty plea, the defendant forfeited hiscontention that the integrity of the grand jury proceedings was impaired (see CPL 190.50,210.20 [1] [c]; 210.35 [5]; People v Hansen, 95 NY2d 227 [2000]; People v Wilkins, 1 AD3d 962[2003]; People v Thompson, 287 AD2d 794 [2001]; People v Bowen, 122 AD2d64 [1986]). Miller, J.P., Lifson, Angiolillo and McCarthy, JJ., concur.