Opinion
September 30, 1985
Appeal from the Supreme Court, Kings County (Shaw, J.).
Upon reargument, original determination adhered to.
Our review of the record establishes that the identification testimony adduced at trial was sufficient as a matter of law to sustain defendant's conviction. Moreover, the trial court properly exercised its discretion by permitting codefendant's counsel to recall an eyewitness to reopen cross-examination based upon counsel's offer of material and relevant proof (see, People v Ventura, 35 N.Y.2d 654).
Defendant's remaining contentions are not preserved for appellate review. In any event, were we to consider these claims in the interest of justice, we would find that they are without merit.
Accordingly, upon reargument, we adhere to our original determination. Lazer, J.P., Mangano, Gibbons and Weinstein, JJ., concur.