Opinion
Submitted November 18, 1999
December 20, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bruno, J.), rendered February 19, 1997, convicting him of assault in the second degree, assault in the third degree, intimidating a witness in the third degree, criminal contempt in the first degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (John Gemmill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Thomas S. Burka of counsel; Michael M. Purpura, Special Assistant District Attorney on the brief), for respondent.
LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, MYRIAM J. ALTMAN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The issues raised by the defendant are unpreserved for appellate review (see, CPL 470.05[2];People v. Udzinski, 146 A.D.2d 245 ). In any event, the trial court did not violate the defendant's constitutional right to consult with counsel when it directed him not to discuss his trial testimony with his attorney at the lunch break during his cross-examination (see, Perry v. Leeke, 488 U.S. 272 ; People v. Foust, 192 A.D.2d 718 ; People v. Enrique, 165 A.D.2d 13, 16-17, affd 80 N.Y.2d 869 ). Furthermore, any improprieties in the prosecutor's summation did not deprive the defendant of a fair trial in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230 ;People v. Rosado, 143 A.D.2d 1061 ).
BRACKEN, J.P., S. MILLER, ALTMAN, and LUCIANO, JJ., concur.