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People v. Onyeabor

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 10, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
GEORGE ONYEABOR, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered April 7, 2006, convicting him of attempted assault in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., HOWARD MILLER, EDWARD D. CARNI and WILLIAM E. McCARTHY, JJ.

(Ind. No. 6879/04)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court erred in its questioning of a defense witness as to a prior conviction is unpreserved for appellate review (see CPL 470.05[2]; People v Charleston, 56 NY2d 886, 887; People v Negron, 41 AD3d 865, 865). In any event, this contention is without merit. The court did not take an adversarial position or act in a manner which gave the jury the impression that the court had an opinion as to the witness's credibility (see People v Moulton, 43 NY2d 944, 945; cf. People v Melendez, 227 AD2d 646).

The defendant's remaining contentions are without merit.

RIVERA, J.P., MILLER, CARNI and McCARTHY, JJ., concur.

20090210

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