Opinion
October 16, 1995
Appeal from the Supreme Court, Queens County (Fisher, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review all of the contentions of misconduct which are alleged to have occurred during the prosecutor's cross-examination of the defendant and during summation ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250; People v. Utley, 45 N.Y.2d 908, 910; People v Oakley, 114 A.D.2d 473; People v. Nuccie, 57 N.Y.2d 818, 819; People v. Balls, 69 N.Y.2d 641).
Moreover, by decision and order dated May 3, 1994, this Court considered and denied the defendant's motion for a reconstruction hearing. Since there has been no showing that our prior decision and order was based on manifest error or that exceptional circumstances exist warranting departure from the law of the case doctrine, reconsideration of this issue on direct appeal is precluded ( see, People v. Taylor, 87 A.D.2d 771, 773, affd 57 N.Y.2d 729; People v. Barnes, 155 A.D.2d 468, 469; People v Williams, 188 A.D.2d 573). Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.