Opinion
February 24, 1998
Appeal from the Supreme Court, Bronx County (GeraId Sheindlin, J.).
The court properly admitted into evidence the Grand Jury testimony of a prosecution witness since misconduct by defendant in intimidating and threatening the witness was established by clear and convincing evidence ( see, People v. Geraci, 85 N.Y.2d 359; People v. Cotto, 240 A.D.2d 193, lv granted 90 N.Y.2d 1010; People v. Small, 177 A.D.2d 669, lv denied 79 N.Y.2d 953). Defendant's remaining claims related to this issue are unpreserved for review and, in any event, lack merit.
Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.