Opinion
December 14, 1992
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
On July 1, 1988, the decedent's brother witnessed the fatal shooting of the decedent by the defendant, who was known to the witness by his street name, and two other accomplices. On appeal, the defendant contends that he was denied a fair trial when the prosecutor elicited during redirect examination of the witness, that after the fatal shooting of his brother, he told the police that one of the accomplices had fired shots at him and threatened to kill him if he came to court to testify. However, we agree with the determination of the trial court that the defense counsel had opened the door to this issue by questioning the witness on cross-examination about the circumstances of the threats and attempts on his life, in an effort, conceded by trial counsel, to suggest that the witness was paranoid and unworthy of belief. Accordingly, the prosecutor properly elicited the witness's testimony that he had spoken to the police about these incidents (see, People v Melendez, 55 N.Y.2d 445; People v Jones, 182 A.D.2d 831; People v Norman, 173 A.D.2d 572, 573).
We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Balletta, Eiber and Ritter, JJ., concur.