People v. Encarnacion

*491OPINION OF THE COURT

Dominic R. Massaro, J.

Pursuant to CPL 330.30 (1), defendant Ernesto Encarnación moves for an order setting aside the verdict against him1 arguing that evidence at trial was insufficient to support his conviction for assault in the second degree. In addition, defendant protests improper use of grand jury minutes by the prosecutor who allegedly used them in a manner violative of CPL 160.50. Defendant focuses upon the prosecution’s revealing the complaining witness’ transcribed grand jury testimony in a related case,2 which allegedly violated the automatic seal imposed when a…