Opinion
May 13, 1999
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
The court properly exercised its discretion when it refused defendant's request to charge the jury that it could consider, with respect to credibility, a police officer's invocation of his Fifth Amendment privilege on cross-examination concerning a collateral matter, and instead instructed the jury to draw no inference from that fact (see, People v. Siegel, 87 N.Y.2d 536, 544-545; see also, People v. Thomas, 51 N.Y.2d 466, 472). The allegation against the officer arose more than one year after the crimes charged herein, had no bearing on the subject matter of the officer's direct testimony, and was only relevant to general credibility. To the extent that defendant is raising a constitutional claim, such claim is unpreserved and we decline to review it in the interest of justice.
We perceive no abuse of discretion in sentencing.
Concur — Ellerin, P. J., Tom, Lerner, Buckley and Friedman, JJ.