Opinion
June 14, 1993
Appeal from the Supreme Court, Queens County (Hanophy, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing.
The defendant was not denied a fair trial by the prosecutor's warning to a defense witness, who was facing unrelated charges, that the District Attorney's office would withdraw its plea offer if the witness failed to testify truthfully at the defendant's trial. The prosecutor and trial court have an obligation to warn witnesses of their possible liability for false testimony. Moreover, the prosecutor's warning was not emphasized to the point that it was transformed into an "instrument of intimidation" (see, People v. Shapiro, 50 N.Y.2d 747, 762).
The defendant's sentence, however, must be vacated and the matter remitted to the Supreme Court for resentencing, since the Supreme Court failed to sentence the defendant on two of the three counts for which he was convicted (see, People v. Edwards, 148 A.D.2d 746).
The defendant does not challenge the hearing court's report with respect to the suppression ruling.
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05). Bracken, J.P., Rosenblatt, Ritter and Pizzuto, JJ., concur.