Opinion
2004-02278.
April 18, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered March 12, 2004, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Cors of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicoletta J. Caferri of counsel; Justin Kramer on the brief), for respondent.
Before: Schmidt, J.P., Crane, Skelos and Lifson, JJ., concur.
Ordered that the judgment is affirmed.
The defendant argues that he was deprived of a fair trial by the trial court's refusal to inquire, outside the jury's presence, about a conversation between two of the prosecution's witnesses, which occurred during a brief recess immediately after the first witness's testimony and just prior to the second witness's testimony. This argument is unpreserved for appellate review ( see CPL 470.05; People v. Iannelli, 69 NY2d 684, 685, cert denied 482 US 914; People v. Thomas, 50 NY2d 467, 473; People v. Jones, 284 AD2d 411). Moreover, the defendant abandoned that argument by cross-examining the second witness without inquiring about the subject conversation ( see People v. Graves, 85 NY2d 1024, 1027; cf. People v. Perdomo, 280 AD2d 617). In any event, the court's ruling was a provident exercise of its discretion.