| People v Onyeabor |
| 2009 NY Slip Op 01143 [59 AD3d 570] |
| February 10, 2009 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v George Onyeabor, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Howard B.
Goodman, and Steven A. Mann of counsel), for respondent.
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.
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 [1982]; People v Negron, 41 AD3d 865, 865 [2007]). 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 [1978]; cf. People v Melendez, 227 AD2d 646 [1996]).
The defendant's remaining contentions are without merit. Rivera, J.P., Miller, Carni and McCarthy, JJ., concur.