Opinion
February 2, 1998
Appeal from the Supreme Court, Kings County (Hall, J.)
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion in granting the prosecution's request that the defendant stand before the members of the jury in order that they might get a closer look at the condition of the defendant's skin ( see, People v. Brown, 133 A.D.2d 464, 465; cf., People v. Gunther, 175 A.D.2d 262, 265). The complaining witness had previously testified that the perpetrator had "bumpy" skin.
Furthermore, the defendant was not unduly prejudiced when a court officer was positioned near the jury box where the defendant was requested to stand ( see, People v. Ortega, 224 A.D.2d 552).
Joy, J. P., Krausman, Goldstein and Luciano, JJ., concur.