Opinion
June 10, 1991
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that Justice Rosenblatt is substituted for former Justice Rubin (see, 22 NYCRR 670.2 [c]); and it is further,
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his claim that certain omissions in the court's charge deprived him of a fair trial (see, CPL 470.05). In any event, the court's charge was not improper since, taken as a whole, it adequately conveyed to the jury that the defendant's second confession should be disregarded if they found that it was the fruit of a prior involuntary confession (see, People v Madison, 73 N.Y.2d 810).
The trial court properly allowed into evidence the testimony that the defendant was under arrest for unrelated charges at the time of his arrest for the crimes involved in this case. That testimony was not introduced for the purpose of establishing criminal propensity (see, People v Ventimiglia, 52 N.Y.2d 350; People v Molineux, 168 N.Y. 264). Rather, the limited evidence regarding the unrelated charges was properly admitted to rebut the possibly misleading impression created by defense counsel that the defendant was being held for a significant period of time at the precinct without good reason (see, People v Fay, 85 A.D.2d 512; People v Le Grand, 76 A.D.2d 706, 709).
The contentions raised in the defendant's supplemental pro se brief are either unpreserved for appellate review or without merit. Bracken, J.P., Kooper, Rosenblatt and Miller, JJ., concur.