Opinion
1651
November 18, 2003.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered November 20, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Jeffrey W. Davis, for respondent.
Robin Nichinsky, for defendant-appellant.
Before: Saxe, J.P., Rosenberger, Williams, Lerner, Friedman, JJ.
Defendant did not establish a proper foundation for impeaching the arresting officer by means of a purported prior inconsistent statement contained in a prisoner property form (see People v. Wise, 46 N.Y.2d 321, 326; People v. Duncan, 46 N.Y.2d 74, 80 — 81, cert denied 442 U.S. 910). Accordingly, there was no violation of defendant's right to confront witnesses (see Delaware v. Van Arsdall, 475 U.S. 673, 678-679). Defendant's argument that the document also qualified as a business record is unpreserved and we decline to review it in the interest of justice.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.