Opinion
February 10, 1998
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.),
The verdict was no against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). We see no reason to disturb the jury's determinations concerning credibility and reliability of testimony (see, People v. Gaimari, 176 N.Y. 84, 94).
Defendant's claim that the prosecutor's cross-examination of a severed codefendant, testifying as a defense witness, improperly suggested that the witness had the propensity to commit certain crimes and that the jury may have imputed that propensity to defendant is unpreserved due to lack of specific objection (People v. Tevaha, 84 N.Y.2d 879, 881) and we decline to review it in the interest of justice. Were we to review defendant's claim, we would find that the witness was properly questioned regarding his criminal history, that defendant's claim of prejudice rests on speculation (see, People v. Evans, 161 A.D.2d 426), and that any potential prejudice was avoided by the court's instructions to the jury.
Concur — Rosenberger, J. P., Ellerin, Nardelli and Rubin, JJ.