PEOPLE v. CRAIG (2005)

 Defendant appeals from a judgment convicting him of two counts of reckless endangerment in the first degree (Penal Law § 120.25).   Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919).   Defendant also failed to preserve for our review his challenges to County Court's evidentiary rulings (see People v. Cunningham, 12 A.D.3d 1131, 1132-1133, 785 N.Y.S.2d 244), including his contentions that he was denied his right of confrontation by the admission of testimony suggesting that he had been implicated by his codefendant (see People v. Walker, 71 N.Y.2d 1018, 1019-1020, 530 N.Y.S.2d 103, 525 N.E.2d 748, rearg. denied 72 N.Y.2d 953, 533 N.Y.S.2d 60, 529 N.E.2d 428;  People v. Carter, 1 A.D.3d 1028, 1029, 767 N.Y.S.2d 539, lv. denied 2 N.Y.3d 738, 778 N.Y.S.2d 464, 810 N.E.2d 917) and by the court's restriction of his cross-examination of a prosecution witness (see People v. Dunbar, 145 A.D.2d 501, 501-502, 535 N.Y.S.2d 438).   We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).   Finally, we reject the contentions of defendant that the verdict is against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672), he was denied the effective assistance of counsel (see People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400) and he was denied his right to testify (see People v. Dolan, 2 A.D.3d 745, 746, 768 N.Y.S.2d 654, lv. denied 2 N.Y.3d 798, 781 N.Y.S.2d 297, 814 N.E.2d 469).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: