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PEOPLE v. SMITH

294 A.D.2d 381 (2002)

741 N.Y.S.2d 891

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIUS SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 6, 2002.

Ordered that the judgment is affirmed.

The defendant's claims that the prosecutor improperly used a witness's prior grand jury testimony to refresh his recollection, and that the trial court erred in instructing the jury that it could consider such testimony for credibility purposes, are unpreserved for appellate review (see CPL 470.05 [2]). In any event, the prosecutor properly used the witness's grand jury testimony to refresh his recollection (see

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