People v. Price

—Judgment, Supreme Court, New York County (Howard Bell, J., on motion to dismiss; Renee White, J., at trial), rendered May 3, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 6 to 12 years, is affirmed.

The complainant’s comment before the Grand Jury that he viewed "mug shots” prior to identifying defendant’s photograph, while improper, did not impair the integrity of the Grand Jury proceeding within the meaning of CPL 210.35 (5). This test is not satisfied by a showing of "mere flaw, error or…