Is a certificate of conviction regarding a murder in the second degree improperly submitted to the grand jury?

Defendant's argument that the People improperly submitted a certificate of conviction regarding defendant's prior murder in the second degree conviction to the grand jury is without merit. The People introduced the certificate of conviction in order to elevate defendant's crime to murder in the first degree. Defendant submits that it was unduly prejudicial to introduce the certificate of conviction prior to the jury voting to indict defendant on murder in the second degree and that the cautionary instruction provided by the People was insufficient to cure any prejudice. However, contrary to defendant's allegation, the People properly presented evidence of the prior conviction to the grand jury along with the remainder of the evidence (People v. Baez, 118 A.D.2d 863 (2d Dept. 1986), lv. denied, 68 N.Y.2d 665 (1986)).