Opinion
Argued March 20, 2000.
May 1, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered July 31, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Robert Budner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Carmen Victoria Markakis of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his argument concerning the prosecutor's cross-examination of one of his witnesses by failing to make timely, specifically tailored objections during trial (see, People v. Hernandez, 260 A.D.2d 399, 400). In any event, the record supports the trial court's determination that the prosecutor "adequately demonstrated his good faith and possessed a sufficient basis for asking the challenged question[s]" (People v. Kass, 25 N.Y.2d 123, 126; People v. Sealy, 167 A.D.2d 362, 363). Moreover, the trial court instructed the jury that questions alone are not in evidence.
BRACKEN, J.P., O'BRIEN, KRAUSMAN and GOLDSTEIN, JJ., concur.