Opinion
Submitted February 18, 2000
March 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered January 31, 1997, convicting her of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.
Lisa Manfro, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicole Beder of counsel; Mitchell Kleinman on the brief), for respondent.
GABRIEL M. KRAUSMAN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review her contention regarding the preliminary instructions given to the jury (see, People v. Hickey, 133 A.D.2d 421 ). In any event, the instructions given adequately conveyed to the jury its function, duties, and conduct (see, CPL 270.40; People v. Moore, 161 A.D.2d 733 ).
The defendant's contention that the court improperly limited her cross-examination of a prosecution witness is also unpreserved for appellate review, and, in any event, without merit, since the limitation was a provident exercise of discretion (see, People v. Schwartzman, 24 N.Y.2d 241, cert denied 396 U.S. 846; People v. Ashner, 190 A.D.2d 238 ).
KRAUSMAN, J.P., H. MILLER, SCHMIDT, and SMITH, JJ., concur.