Opinion
September 20, 1994
Appeal from the Supreme Court, New York County, Harold Rothwax, J., Jay Gold, J.
Defendant's claim that the trial court improperly issued supplemental jury instructions before providing him with meaningful notice is unpreserved for appellate review (see, People v. DeRosario, 81 N.Y.2d 801, 803). Nor would we reverse in the interest of justice where the court, in defendant's presence, read the note into the record before giving supplemental instructions (see, People v. Lykes, 81 N.Y.2d 767).
Defendant's additional claim that the prosecutor vouched for his witnesses also is unpreserved for appellate review (see, People v. Dien, 77 N.Y.2d 885). Nor is reversal warranted in the interest of justice where the defendant attacked the credibility of the officers and the prosecutor and the prosecutor responded thereto.
Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.