Opinion
KA 03-02367.
February 4, 2005.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered July 24, 2003. The judgment convicted defendant, upon a jury verdict, of reckless endangerment in the first degree (two counts).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Present: Green, J.P., Scudder, Martoche, Smith and Lawton, JJ.
Memorandum:
Defendant appeals from a judgment convicting him of two counts of reckless endangerment in the first degree (Penal Law § 120.25). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction ( see People v. Gray, 86 NY2d 10, 19). Defendant also failed to preserve for our review his challenges to County Court's evidentiary rulings ( see People v. Cunningham, 12 AD3d 1131, 1132-1133), including his contentions that he was denied his right of confrontation by the admission of testimony suggesting that he had been implicated by his codefendant ( see People v. Walker, 71 NY2d 1018, 1019-1020, rearg denied 72 NY2d 953; People v. Carter, 1 AD3d 1028, 1029, lv denied 2 NY3d 738) and by the court's restriction of his cross-examination of a prosecution witness ( see People v. Dunbar, 145 AD2d 501, 501-502). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Finally, we reject the contentions of defendant that the verdict is against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490, 495), he was denied the effective assistance of counsel ( see People v. Baldi, 54 NY2d 137, 147) and he was denied his right to testify ( see People v. Dolan, 2 AD3d 745, 746, lv denied 2 NY3d 798).