¶1In a comm nolis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated September 3, 1968, which denied the application without a hearing. Order affirmed. We find no merit to the claim that defendant was not represented by counsel at the *800preliminary hearing prior to the Grand Jury indictment. If there had been an error at such preliminary hearing, it would not have affected the validity of the indictment or the proceedings thereafter (People v. Tornetto, 16 N Y 2d 902; People ex rel. Hirschberg v. Close, 1 N Y 2d 258). Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.
33 A.D.2d 799
People v. Laval
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1969
Appellate Division of the Supreme Court of the State of New York · decided 1969-12-22
Decided 1969-12-22