Opinion
2004-06394.
July 25, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney J.), rendered July 21, 2004, convicting him of assault in the second degree (two counts), criminal possession of a weapon in the third degree, and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Before: Luciano, J.P., Rivera, Lifson and Covello, JJ.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in declining to voir dire the jury about a local news article which had appeared during the trial ( see People v Shulman, 6 NY3d 1, 32, cert denied 547 US —, 126 S Ct 1623; People v Moore, 42 NY2d 421, 433-434, cert denied 434 US 987). Other than mere publication of the article, there was no indication that the article had been "placed before the jury" ( People v Brown, 48 NY2d 388, 394). In any event, the prejudice to the defendant would have been minimal under the circumstances.
The defendant's remaining contention regarding his adjudication as a persistent violent felony offender is unpreserved for appellate review since he failed to raise any objection at sentencing ( see People v Daniels, 5 NY3d 738, 740, cert denied 546 US —, 126 S Ct 573; People v Rosen, 96 NY2d 329, cert denied 534 US 899). In any event, it is without merit ( see People v Rivera, 5 NY3d 61, cert denied 546 US —, 126 S Ct 564; People v Rosen, supra).