After he had been threatened the previous night, the complaining witness failed to identify the defendant in court. The trial court interrupted the direct examination of the complainant to apprise him of the penalties of perjury and allow him to silently review his Grand Jury testimony in order to refresh his recollection. This action by the court was never objected to at the trial, and any alleged error was consequently waived as a matter of law (CPL 470.05 [2]; see also...
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