People v. Johnson

Judgment, Supreme Court, New York County (Richard Lowe, III, J.), rendered March 16, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to 5 to 10 years, unanimously affirmed.

Defendant was not entitled to the "exceptional remedy” of dismissal of the indictment since the Grand Jury process was not impaired and he was not prejudiced as a result of the prosecutor’s cross-examination (People v Gonzalez, 201 AD2d 414, 415, Iv denied 83 NY2d 871). Defendant opened the door to the vast…