Opinion
June 26, 1997
Appeal from Supreme Court, New York County (Jay Gold, J.).
The court properly exercised its discretion in denying defendant's application to conduct a courtroom demonstration ( see, People v. Acevedo, 40 N.Y.2d 701, 704). The proposed demonstration would not have accurately recreated the conditions existing during the incident, and would likely have caused confusion among the jurors ( see, People v. Scarola, 71 N.Y.2d 769, 777; People v. Esquilin, 207 A.D.2d 686, lv denied 84 N.Y.2d 907; People v. Gregg, 203 A.D.2d 188, 189, lv denied 83 N.Y.2d 911).
Concur — Sullivan, J.P., Milonas, Ellerin, Tom and Mazzarelli, JJ.