Opinion
92
July 1, 2003.
Appeal, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered February 1, 2002, which affirmed a judgment of Monroe County Court (Patricia D. Marks, J.), rendered upon a verdict convicting defendant of murder in the second degree.
Edward J. Nowak, Public Defender, Rochester (Shirley A. Gorman of counsel), for appellant.
Howard R. Relin, District Attorney, Rochester (Arthur G. Weinstein of counsel), for respondent.
Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Order affirmed. Defendant contends that the trial court ruled that he opened the door during voir dire to the People's introduction of proof of his prior bad acts, and thus committed reversible error.
Defendant, however, failed to preserve the claim that he now presses on appeal.