Opinion
May 7, 1996
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
Defendant's argument that the prosecutor made herself an "unsworn witness" during questioning of a defense witness and on summation was not preserved by objection on this ground ( People v. Tardbania, 72 N.Y.2d 852) and we decline to review it in the interest of justice. Nor did defendant preserve his present claim that prejudicial hearsay evidence was erroneously introduced during the People's case. In any event, it appears that the hearsay was delved into in far more detail by the defense in the course of cross-examination, and that the hearsay testimony was utilized by the defense for strategic purposes.
Concur — Ellerin, J.P., Wallach, Ross, Nardelli and Tom, JJ.