Opinion
February 8, 1994
Appeal from the Supreme Court, Bronx County, Fred Eggert, J., John Collins, J.
The trial court's instruction that defendant's prior conviction did not disqualify him from testifying and would be considered only for the purpose of evaluating his credibility did not imply that defendant's testimony was less credible than the other witnesses or otherwise improperly single out defendant's testimony for special scrutiny (see, People v. Ochs, 3 N.Y.2d 54, 56). Defendant's objection to that portion of the charge stating that the jury had a "duty" to consider the prior conviction in determining defendant's credibility is not preserved for appellate review, no objection thereto having been made, and we decline to review the issue in the interest of justice.
We have considered defendant's remaining claim and find it to be without merit.
Concur — Sullivan, J.P., Wallach, Asch and Nardelli, JJ.