Appeal from a judgment of the County Court of Rensselaer County (Aison, J.), rendered December 18, 1989, upon a verdict convicting defendant of the crime of criminal possession of a forged instrument in the first degree.
In June 1988, defendant was indicted for criminal possession of a forged instrument in the first degree. The charge contained in the indictment stemmed from an incident in January 1988, in which defendant allegedly used a counterfeit $20 bill to buy drinks at Leibner’s Bar in the City of Troy, Rensselaer County.
Prior to trial, defendant made a motion to dismiss the indictment upon the grounds that the testimony before the Grand Jury was insufficient to support the indictment and that the Grand Jury proceeding was defective. In connection
Thereafter, upon reargument, defendant moved for a dismissal of the indictment and for an order granting defense counsel an inspection of the Grand Jury minutes, claiming various irregularities in the Grand Jury proceeding. County Court again denied the motion. The matter then proceeded to trial where defendant was convicted as charged and sentenced as a second felony offender to an indeterminate term of imprisonment of 6 to 12 years. This appeal by defendant ensued.
Defendant’s first point on appeal is that County Court erred in denying his motion to dismiss the indictment or, alternatively, his motion for an inspection of the Grand Jury minutes, logbook and attendance sheets. We disagree. The affidavit of defendant’s counsel submitted in support of the motion states that various irregularities occurred in the Grand Jury proceedings in Rensselaer County during the period from January 1988 through May 1988, and alleges that such irregularities may have occurred with regard to defendant’s indictment. However, we have examined the Grand Jury attendance and voting sheets, which were included as confidential exhibits on this appeal, and have found no irregularities. Defendant’s concern that there was not a quorum for the vote on the indictment or a vote of at least 12 grand jurors in favor of the indictment is unfounded. Thus, both of defendant’s motions were properly denied.
Turning next to defendant’s claim that County Court improperly allowed a police officer, Salvatore Carello, to testify as an expert witness regarding the authenticity of the $20 bill allegedly possessed by defendant, we conclude that the admissibility of such testimony was within County Court’s discretion and we find no basis for disturbing its determination (see, People v Keindl,
Defendant’s remaining contentions do not merit extended discussion. In our view, County Court properly denied defendant’s request to charge the lesser included offense of criminal possession of a forged instrument in the second degree, since no reasonable view of the evidence supports a finding that defendant committed the lesser offense but not the greater (see, People v Glover,
Judgment affirmed. Kane, J. P., Weiss, Levine, Mercure and Harvey, JJ., concur.
