Opinion
March 5, 1998
Appeal from the Supreme Court, New York County (Fence Shea, J.).
Defendant's claim that the prosecution offered perjured testimony from its complaining witness is unpreserved for appellate review ( see, People v. Padro, 75 N.Y.2d 820) and we decline to review it in the interest of justice. Were we to consider this claim, we would find it to be without merit because there was no objectively "false" testimony for the People to "correct". The complainant's allegedly incredible protestations of innocence regarding his prior conviction were fully explored before the jury ( see, People v. Fisher, 244 A.D.2d 1091; People v. Kitchen, 162 A.D.2d 178, lv denied 76 N.Y.2d 941).
The complainant's statement to the arresting officer was properly admitted as background evidence, to complete the narrative of events and explain why the officer took the actions that he did ( People v. Cruz, 236 A.D.2d 269, lv denied 89 N.Y.2d 1091; People v. Maldonado, 231 A.D.2d 473, lv denied 89 N.Y.2d 925).
We have considered defendant's remaining claims and find them to be without merit.
Concur — Rosenberger, J. P., Ellerin, Wallach and Rubin, JJ.