PEOPLE v. ONYEABOR (2009)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. George ONYEABOR, appellant.

Decided: February 10, 2009

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

Steven Banks, New York, N.Y. (Lawrence T. Hausman of counsel), and White & Case, LLP, New York, N.Y. (Jenna Z. Nicenko, Luisa H. Cetina, R. Gregory Parker, and Nicholas E. Surmacz of counsel), for appellant (one brief filed). 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 N.Y.2d 886, 887, 453 N.Y.S.2d 399, 438 N.E.2d 1114; People v. Negron, 41 A.D.3d 865, 865, 837 N.Y.S.2d 586). 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 N.Y.2d 944, 945, 403 N.Y.S.2d 892, 374 N.E.2d 1243; cf. People v. Melendez, 227 A.D.2d 646, 643 N.Y.S.2d 607).

The defendant's remaining contentions are without merit.

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