People v. Green — 272 A.D.2d 341

Majority

p. 341

The People of the State of New York, Respondent, v Nathaniel Green, Appellant.

[708 NYS2d 304]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered July 31, 1996, convicting him of

p. 342

criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his argument concerning the prosecutor’s cross-examination of one of his witnesses by failing to make timely, specifically tailored objections during trial (see, People v Hernandez, 260 AD2d 399 , 400). In any event, the record supports the trial court’s determination that the prosecutor “adequately demonstrated his good faith and possessed a sufficient basis for asking the challenged question [s]” (People v Kass, 25 NY2d 123 , 126; People v Sealy, 167 AD2d 362 , 363). Moreover, the trial court instructed the jury that questions alone are not in evidence. Bracken, J. P., O’Brien, Krausman and Goldstein, JJ., concur.

Cases cited

People v. Kass 25 NY2d 123 N.Y. 1969-07-02 at 126 p. 342
People v. Sealy 167 AD2d 362 N.Y. App. Div. 1990-11-05 at 363 p. 342