Opinion
November 30, 1998
Appeal from the Supreme Court, Queens County (Katz, J.).
Ordered that the judgment is affirmed.
It was improper to permit the People's rebuttal witness to repeat the testimony that he had given on the People's direct case ( see, People v. Brown, 126 A.D.2d 657; People v. Gabriel, 241 A.D.2d 835). However, this error was harmless under the circumstances of this case ( see, People v. Alston, 158 A.D.2d 607; People v. Brown, supra).
The defendant's remaining contention is unpreserved for appellate review, and we decline to reach it in the exercise of our interest of justice jurisdiction ( see, People v. Davis, 248 A.D.2d 399).
O'Brien, J. P., Pizzuto, Joy and Goldstein, JJ., concur.