People v. Gordon

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that he was denied a fair trial by prosecutorial misconduct. The alleged incident of misconduct concerning the Grand Jury proceedings is not preserved for our review because defendant failed to move to dismiss the indictment under CPL 210.35 (5) (see, People v Sheltray, 244 AD2d 854, lv denied 91 NY2d 897; People v Gilliam, 172 AD2d 1037, lv denied 78 NY2d 966). In any event, defendant’s contention is directed at the conduct of the prosecutor during the Grand Jury proceeding of the codefendant, not defendant.…