Opinion
2002-01736
Submitted June 17, 2003.
August 4, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered February 19, 2002, convicting her of arson in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Kevin M. Fumai on the brief), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA L. TOWNES, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions that the prosecutor's cross-examination of her, and comments on summation, regarding her failure to call the 911 emergency telephone number are unpreserved for appellate review ( see CPL 470.05). In any event, the prosecutor's questions and comments were proper since they bore on the defendant's credibility concerning her testimony that a prosecution witness set the fire ( see People v. Narine, 261 A.D.2d 421, 422; People v. Weir, 120 A.D.2d 554, 555).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
PRUDENTI, P.J., TOWNES, MASTRO and RIVERA, JJ., concur.