Opinion
March 8, 1999
Appeal from the Supreme Court, Queens County (Erlbaum, J.).
Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
In instructing the Grand Jury on the law, the prosecutor, inter alia, tracked verbatim the language of Penal Law § 220.21 (1) and § 220.16 (1) which set forth the elements of criminal possession of a controlled substance in the first and third degrees, respectively, and read to the Grand Jury the definition of "knowingly" set forth in Penal Law § 15.05 (2). Contrary to the holding of the Supreme Court, these instructions to the Grand Jury were proper (see, People v. Valles, 62 N.Y.2d 36, 38; People v. Calbud, Inc., 49 N.Y.2d 389, 394; People v. Ceasar, 226 A.D.2d 113; People v. Vigo, 222 A.D.2d 261) and did not impair the integrity of the Grand Jury (see, CPL 210.35; People v. Darby, 75 N.Y.2d 449, 455). Accordingly, the order appealed from must be reversed, and the indictment reinstated.
S. Miller, J. P., Ritter, Florio and Luciano, JJ., concur.