Opinion
June 19, 1997
Appeal from Supreme Court, New York County (Daniel FitzGerald, J.).
The verdict on the intentional murder count was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations ( see, People v. Gaimari, 176 N.Y. 84, 94).
The trial court did not violate defendant's attorney-client privilege by permitting cross-examination regarding communications with his prior attorney or by allowing that attorney to testify on the People's rebuttal case, since defendant waived that privilege ( see, People v. Shapiro, 308 N.Y. 463, 468), by volunteering his claim that counsel, among other things, had coerced him to testify falsely at the suppression hearing.
Defendant's contentions concerning the prosecutor's summation are unpreserved and without merit.
Finally, we perceive no abuse of sentencing discretion.
Concur — Ellerin, J.P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.