People v. Craig

Feb 4, 2005
Versions:15 A.D.3d 919
788 N.Y.S.2d 778
2005 NY Slip Op 806
2005 N.Y. App. Div. LEXIS 992

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him of two counts of reckless endangerment in the first degree (Penal Law § 120.25). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v Gray, 86 NY2d 10, 19 [1995]). Defendant also failed to preserve for our review his challenges to County Court‘s evidentiary rulings (see People v Cunningham, 12 AD3d 1131, 1132-1133 [2004]), including his contentions that he was denied his right of confrontation by the admission of testimony suggesting that he had been implicated by his codefendant (see People v Walker, 71 NY2d 1018, 1019-1020 [1988], rearg denied 72 NY2d 953 [1988]; People v Carter, 1 AD3d 1028, 1029 [2003], lv denied 2 NY3d 738 [2004]) and by the court‘s restriction of his cross-examination of a prosecution witness (see People v Dunbar, 145 AD2d 501, 501-502 [1988]). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Finally, we reject the contentions of defendant that the verdict is against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]), he was denied the effective assistance of counsel (see People v Baldi, 54 NY2d 137, 147 [1981]) and he was denied his right to testify (see People v Dolan, 2 AD3d 745, 746 [2003], lv denied 2 NY3d 798 [2004]). Present—Green, J.P., Scudder, Martoche, Smith and Lawton, JJ.