NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
June 18, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ALBERTO NIEVES, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered June 25, 2007, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 31/2 to 7 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Catterson, Renwick, DeGrasse, Freedman, JJ.
The prosecutor was not required to provide the grand jury with a circumstantial evidence charge. Even where the evidence is wholly circumstantial, a failure to charge the grand jury on circumstantial evidence does not impair the integrity of the proceeding (see People v Wooten, 283 AD2d 931, 932 , lv denied 96 NY2d 943 ).
The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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