Opinion
November 9, 1998
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the judgment is affirmed.
The trial court providently exercised its discretion in precluding the defendant's introduction of a witness's alleged prior inconsistent statement ( see, People v. Duncan, 46 N.Y.2d 74, 80-81, cert denied 442 U.S. 910).
The court did not err in failing to conduct an inquiry of a juror who, after shaking her head sideways, answered affirmatively that the verdict was hers ( see, People v. Maddox, 139 A.D.2d 597, 598; see also, People v. Hayes, 222 A.D.2d 292).
The sentence imposed was not harsh or excessive ( see, People v. Storelli, 216 A.D.2d 891; People v. Restrepo, 165 A.D.2d 838; see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.