Opinion
March 12, 1993
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Green, J.P., Pine, Lawton, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence was legally insufficient to sustain his conviction of forgery in the second degree. We conclude that the People satisfied "the proof and burden requirements for every element of the crime charged" to sustain defendant's conviction of forgery in the second degree (People v. Bleakley, 69 N.Y.2d 490, 495). Defendant further contends that prosecutorial misconduct deprived him of a fair trial. Because no objections were raised to the alleged misconduct, any errors have not been preserved for our review (see, CPL 470.05; People v Dawson, 50 N.Y.2d 311, 324). In any event, the incidents of misconduct were not so egregious that defendant was deprived of a fair trial (see, People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837; People v. Plant, 138 A.D.2d 968, lv denied 71 N.Y.2d 1031).
Defendant further contends that the trial court erred in permitting the prosecutor to cross-examine him with a previously undisclosed statement he made to the police. Because the statement was not used as evidence-in-chief, but only on cross-examination to impeach defendant's testimony, a CPL 710.30 notice was not required (see, People v. Mitchell, 155 A.D.2d 879, lv denied 76 N.Y.2d 739; People v. Rudolph, 134 A.D.2d 539, lv denied 71 N.Y.2d 902). Additionally, because defense counsel failed to specify the basis for his objection to the use of that statement, his present arguments concerning voluntariness and the People's violation of the court's discovery order have not been preserved for our review (see, People v. Clarke, 81 N.Y.2d 777; People v. Mitchell, supra; People v. DeBlase, 142 A.D.2d 926), and we decline to reach them in the interest of justice.
Defendant also asserts that a new trial must be ordered because the People failed to exercise due care to preserve Rosario material consisting of an investigator's notes. Defense counsel received notice during pretrial proceedings and again at trial that the investigator had destroyed his notes after incorporating them into his police report. Because defense counsel failed to object to the Rosario violation or seek a sanction, that issue has not been preserved for our review (see, People v. Rogelio, 79 N.Y.2d 843, 844; People v. Jackson, 78 N.Y.2d 900; People v. Rivera, 78 N.Y.2d 901; People v. Bell, 190 A.D.2d 1032), and we decline to reach it in the interest of justice.
We have reviewed defendant's remaining contentions and find them to be without merit.