People v. Montgomery

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Lipp, J.), rendered April 20, 1993, convicting him of murder in the second degree and criminal possession of a weapon in the second degree under Indictment No. 13525/91, upon a jury verdict, and imposing sentence and (2) an amended judgment of the same court also rendered April 20,1993, revoking a sentence of probation previously imposed by the same court (Lagaña, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of

Ordered that the judgment and the amended judgment are affirmed.

The defendant has not preserved for appellate review his contention that the prosecutor was improperly permitted to cross-examine him regarding statements that he had allegedly made to his wife prior to the murder of which he was convicted (see, People v Qualls, 55 NY2d 733 ). In any event, there is no merit to the defendant’s contention. The challenged questions were based on information derived from the Grand Jury proceedings. Therefore, the prosecutor had a good-faith basis for asking them (People v Sealy, 167 AD2d 362 ).

The defendant’s remaining contentions do not warrant reversal. Balletta, J. P., Miller, Santucci and Altman, JJ., concur.