Opinion
1801
October 8, 2002.
Judgment, Supreme Court, New York County (William Wetzel, J.), convicting defendant, after a jury trial, of assault in the first degree, criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.
DAVID M. COHN, for respondent.
ABIGAIL EVERETT MARCUS BROWN, PRO S.E.
Before: Tom, J.P., Sullivan, Rosenberger, Ellerin, Rubin, JJ.
Although defendant claims that the court unduly restricted his efforts to elicit relevant evidence on cross-examination of prosecution witnesses and during his own testimony, in each instance but one, defendant made no offer of proof and never "in any way attempt[ed] to call the court's attention to the nature of the alleged error" (People v. George, 67 N.Y.2d 817, 819), and in the single instance where an offer of proof was made, it was on a completely different theory from that raised on appeal. In particular, defendant never asserted a constitutional right to elicit any of this evidence (see People v. Angelo, 88 N.Y.2d 217, 222). Accordingly, defendant's contentions are unpreserved (People v. George, supra), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the court properly exercised its discretion in imposing reasonable limits upon defendant's elicitation of evidence, and that he received ample latitude in which to impeach prosecution witnesses and present his justification defense (see Delaware v. Van Arsdall, 475 U.S. 673, 678-679).
The court's justification charge conveyed the proper legal principles (see People v. Pons, 68 N.Y.2d 264; People v. Goetz, 68 N.Y.2d 96).
Defendant's remaining contentions, including those contained in his pro se supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.