Opinion
Submitted September 27, 2000
October 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 30, 1998, convicting him of murder in the second degree (two counts), attempted robbery in the first degree (two counts), attempted robbery in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Maria Barous Hartofilis, Astoria, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Roni C. Piplani of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court properly instructed the jury that the accomplice status of a witness was a question of fact (see, CPL 60.22[b]; People v. Basch, 36 N.Y.2d 154). Further, the Supreme Court providently exercised its discretion in its evidentiary rulings (see, People v. Schwartzman, 24 N.Y.2d 241; People v. Ashner, 190 A.D.2d 238), and in its determination that the prosecutor would be permitted to extensively cross-examine the defendant should he testify at trial (see, People v. Morgan, 66 N.Y.2d 255; People v. Overlee, 236 A.D.2d 133).
The record does not support the defendant's contention that the court erred in its Batson ruling (see, Batson v. Kentucky, 476 U.S. 79; People v. Allen, 86 N.Y.2d 101), or that prosecutorial misconduct during summation constituted reversible error (see, People v. Morgan, supra; People v. Overlee, supra).
The defendant's remaining contentions are without merit.