Opinion
1999-02421
Argued January 11, 2002.
February 6, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered February 23, 1999, convicting him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Kerry Elgarten of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Donna Aldea of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
The defendant's claim that the trial court erred in allowing the prosecutor to impeach the defense witnesses with illegally-recorded tapes of their conversations is unpreserved for appellate review (see, CPL 255.20; 710.40[1]; 710.60; People v. Cherlea, 265 A.D.2d 338). In any event, the trial court properly ruled that the tapes could be used to impeach the credibility of the defense witnesses (see, People v. McGrath, 46 N.Y.2d 12, cert denied 440 U.S. 972; People v. Hughes, 124 A.D.2d 344; People v. Brooks, 56 A.D.2d 634).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.