Opinion
October 6, 1992
Appeal from the Supreme Court, Bronx County (Dominic R. Massaro, J.).
While the People's witness was less than honest with respect to the extent of his criminal record and other personal details, his testimony concerning the killing itself was not so seriously impeached as to render the verdict against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).
Defendant's argument that it was error to admit the ballistics and fingerprint evidence is unpreserved, and we decline to review it in the interest of justice.
While we agree with defendant that the trial prosecutor acted on occasion without professional courtesy and improperly vouched for her witness on at least two occasions, we disagree that reversal is warranted by reason of this misconduct, considered individually or cumulatively. Defendant's pro se claims that material stages of the proceedings were conducted in his absence are for the most part unsubstantiated by the record or unpreserved for review, and in any event without merit (see, People v Velasco, 77 N.Y.2d 469). We have considered defendant's remaining claims and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Kupferman and Rubin, JJ.