Opinion
308
March 15, 2002.
Appeal from a judgment of Jefferson County Court (Clary, J.), entered April 21, 1999, convicting defendant after a jury trial of, inter alia, rape in the first degree.
DENNIS CLAUS, SYRACUSE, FOR DEFENDANT-APPELLANT.
CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (ANA J. PENA-WALLACE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant contends that he was denied a fair trial by prosecutorial misconduct on summation. By failing to object to the alleged instances of misconduct, defendant has failed to preserve his contention for our review ( see, CPL 470.05), and we decline to exercise our power to review defendant's contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). Defendant further contends that County Court erred in granting the prosecutor's motion in limine seeking to limit cross-examination of the victim concerning certain pending charges. Defendant, however, stated in response to the prosecutor's motion that he did not intend to cross- examine the victim concerning the facts underlying her arrest, and that part of the court's order precluding defendant from cross-examining the victim with respect to the fact that she was arrested was proper ( see, People v. Miller, 91 N.Y.2d 372, 380). In any event, any error is harmless ( see, People v. Mastin, 261 A.D.2d 892, 894, lv denied 93 N.Y.2d 1022).