Opinion
December 14, 1998
Appeal from the of the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve his objection to certain trial testimony ( see, People v. Douglas, 248 A.D.2d 550). In any event, while it was improper for the trial court to permit the People to ask their own witness, an eyewitness to the murder who was the defendant's girlfriend at the time, whether she had identified the defendant in a photograph, and to present telephone records indicating that the defendant previously had called the witness's mother ( see, CPL 60.35; People v. Thompson, 220 A.D.2d 706), these errors were harmless. There was strong eyewitness identification testimony by the decedent's companion, who had ample opportunity to observe the murderer during the commission of the crime ( see, People v. Corner, 146 A.D.2d 794).
Similarly, the defendant's contention that the trial court improperly refused to grant a mistrial because of references to his prior arrest is unpreserved for appellate review and, in any event, without merit ( see, People v. Grant, 222 A.D.2d 607).
Miller, J. P., Copertino, Thompson and Friedmann, JJ., concur.