People v. Haramura

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered October 11, 1990, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention, that the prosecutor’s cross-examination of him regarding his ability to understand and speak English improperly appealed to racial prejudice, is not preserved for appellate review. The defense counsel never specifically raised such a claim either in her objections, motion for a trial order of dismissal, or motion for a mistrial (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858 ; People v Colavito, 70 NY2d 996 ; People v Harrison, 167 AD2d 353 ). However, we note that a witness may not be contradicted by the introduction of extrinsic evidence regarding collateral matters for the sole purpose of impeaching his credibility (see, People v Pavao, 59 NY2d 282 , 288; People v Saporita, 132 AD2d 713 , 716). Here, despite requesting a court-appointed interpreter, the defendant never injected his inability to speak or understand English into the trial; nor did he deny that he spoke English to the complainant and the arresting officer. Therefore, the prosecutor’s persistent cross-examination of the defendant on this point was improper. However, the proof of

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Thompson, J. P., Rosenblatt, Lawrence and Ritter, JJ., concur.