Opinion
2000-04055.
April 11, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered March 28, 2000, convicting him of robbery in the first degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Damond J. Carter, Albany, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: Florio, J.P., Cozier, Rivera and Skelos, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the trial court effectively deprived him of his right to present a defense by prospectively precluding a defense witness from testifying is unpreserved for appellate review ( see CPL 470.05; see e.g. People v. Celifie, 287 AD2d 465, 466; People v. Jones, 171 AD2d 609). In any event, the court providently exercised its discretion in precluding the witness from testifying in view of the collateral nature of the prospective testimony ( see People v. Aska, 91 NY2d 979, 981; People v. Veras, 182 AD2d 729, 730; People v. O'Connor, 154 AD2d 626, 627).
The defendant's remaining contentions are without merit.