Opinion
December 19, 1995
Appeal from the Supreme Court, Bronx County (Steven Barrett, J.).
At defendant's request, the trial court directed the jury to disregard certain hearsay testimony by a prosecution witness. Since the defense did not request a mistrial, any legal issue raised by that testimony having been heard in the first instance was not preserved for appellate review ( People v Medina, 53 N.Y.2d 951). Other hearsay testimony given contemporaneously by the same witness was not specifically objected to, and thus no issue has been preserved regarding that testimony ( People v Clarke, 81 N.Y.2d 777). Similarly, comments made by the prosecutor during summation were not objected to, and any legal issue raised by those comments is not preserved for appellate review ( People v Tardbania, 72 N.Y.2d 852). Were we to review these unpreserved claims, we would find them to be without merit. When the jury asked to examine a particular document, the trial court's response, that the document had not been introduced in evidence, was not prejudicial. We perceive no abuse of discretion in sentencing.
Concur — Sullivan, J.P., Ellerin, Wallach and Rubin, JJ.