Opinion
June 26, 1989
Appeal from the Supreme Court, Queens County (Farlo, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the admission of testimony indicating his nationality deprived him of his right to a fair trial is without merit. The record indicates that the prosecution's argument contained only a few isolated references to the defendant's country of birth, which arguably were relevant to whether the defendant acted in concert with his codefendants. In any event, the prosecutor's argument was in no way an attempt to arouse racially prejudiced attitudes (see, People v. Thomas, 129 A.D.2d 596).
We also disagree with the defendant's contention that the People failed to lay a proper foundation before impeaching the defendant's credibility. The record indicates that the defendant was properly informed of the circumstances surrounding the making of his prior inconsistent statement and was asked whether he in fact made the earlier statement (see, People v. Wise, 46 N.Y.2d 321).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
We have reviewed the defendant's remaining contention and conclude that it is without merit. Bracken, J.P., Eiber, Harwood and Balletta, JJ., concur.