Opinion
00-08506
February 5, 2002
March 11, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered August 24, 2000, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Aaron R. Morrill and Erica Horwitz of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Kathleen Murray of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, and STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
Under the circumstances of this case, where the defendant waived his right to testify, the Supreme Court properly denied the defendant's request to reopen the proof in order for him to testify after defense counsel's summation but before the charge to the jury (see, People v. Braxton, 254 A.D.2d 365, 366; People v. Sumpter, 199 A.D.2d 1042; People v. Farrow, 176 A.D.2d 130, 131).