Opinion
December 27, 2000.
Appeal from Judgment of Livingston County Court, Alonzo, J. — Rape, 2nd Degree.
PRESENT: PINE, J. P., HAYES, WISNER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant was not denied a fair trial by the prospective jury's brief and inadvertent viewing of defendant in shackles outside the courtroom during jury selection ( see, People v. Harper, 47 N.Y.2d 857, 857-858; People v. Dugan, 238 A.D.2d 922, 923, lv denied 90 N.Y.2d 857). Contrary to defendant's contention, reversal is not required based on the question to a witness regarding uncharged criminal conduct by defendant. County Court sustained defendant's objection to the question before the witness answered it, thereby alleviating any prejudice to defendant ( see, People v. Santiago, 52 N.Y.2d 865, 866). Defendant's remaining contention is unpreserved for our review ( see, CPL 470.05), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).