Opinion
May 6, 1999
Appeal from the Supreme Court, New York County (James Leff, J.).
The challenged evidence concerning the complainant's background was properly admitted, because it was rendered relevant by themes developed by the defense through the course of the trial ( see, People v. Melendez, 55 N.Y.2d 445), and was not unduly prejudicial.
Defendant's belated mistrial motion failed to preserve his present challenges to the People's summation and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged comments were generally responsive to issues raised during the trial, and that the comments could not have deprived defendant of a fair trial ( see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
Defendant's right to cross-examine the complainant was not frustrated by the complainant's conduct on the witness stand or by any conduct by the court. Contrary to defendant's assertion, the record establishes that the court admonished the complainant to answer questions ( see, People v. Collins, 136 A.D.2d 720, lv denied 71 N.Y.2d 894), and that the complainant's failure to answer, or to give responsive answers, to some of defendant's questions did not prevent defendant from fully covering all the subject matters he sought to explore ( see, People v. Goodson, 83 A.D.2d 885, affd 57 N.Y.2d 828).
We have considered and rejected defendant's remaining claims.
Concur — Williams, J. P., Rubin, Mazzarelli, Andrias and Buckley, JJ.