—Judgment, Supreme Court, New York County (Allen G. Alpert, J.), rendered November 25, 1991, convicting defendant, after jury trial, of attempted murder in the second degree, rape in the first degree and sodomy in the first degree, and sentencing him to three consecutive terms of 8 Vs to 25 years, unanimously affirmed.
The complainant’s testimony that defendant forced her at knifepoint to the top landing of a 30 story building, where he sodomized and raped her after demonstrating his ability to kill her with his hands; announced angrily that he was going to throw her off the roof; attempted to, but could not open the door to the roof (which an investigating detective found to be malfunctioning); and then left abruptly at the sound of voices and a door closing on the floor immediately below the roof level, proved beyond a reasonable doubt that defendant came dangerously close to fulfilling his announced intention to murder the complainant (People v Mahboubian,
There is no requirement that a trial court formally "certify” a witness as an expert (see, United States v Bartley, 855 F2d 547, 552). In any event, here the People properly set forth the professional credentials of the doctor who had examined the complainant on the day in question, including her expertise in the field of gynecology. The trial court’s overruling of defense counsel’s objection to that witness offering a medical opinion, on the ground that the doctor had not been "certified” as an expert, implicitly indicated the court’s discretionary acceptance of that medical opinion as "expert testimony” in the applicable field (see, DeLong v County of Erie,
Defendant’s testimony that he "never put a knife to anyone’s throat”, made in response to the prosecutor’s question directed solely at the issue of his use of a knife herein, opened the door to a discretionary modification of the trial court’s Sandoval ruling to allow cross-examination of defendant regarding the use of a knife on two prior occasions, as well as the dates and locations of those prior incidents, while precluding mention of the fact that those two incidents involved
The prosecutor was bound by defendant’s negative responses regarding the collateral issue of whether he had been told at a pretrial hearing in this case that charges against him had been dismissed because the People could not locate the witnesses (People v Pavao,
We have considered defendant’s additional claims of error and find them to be either unpreserved or without merit. Concur — Rosenberger, J. P., Wallach, Kupferman and Nardelli, JJ.
