Opinion
947
April 24, 2003.
Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered October 21, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.
Cheryl D. Harris, for respondent.
Robert L. Moore, for defendant-appellant.
Before: Tom, J.P., Saxe, Ellerin, Williams, Marlow, JJ.
Since defendant did not request a mid-trial suppression hearing (see CPL 710.40) or any other remedy, and chose instead to use the incident to discredit the witnesses, he did not preserve his claim that the testimony of three of the People's witnesses was tainted by their observation of defendant in the courthouse corridor being escorted in handcuffs by court officers, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the viewing was accidental and did not cause defendant any prejudice (see People v. Brown, 295 A.D.2d 442, 443-444, lv denied 99 N.Y.2d 580).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.