People v John Prendergast

People v Prendergast 2006 NY Slip Op 01650 [27 AD3d 487] March 7, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 17, 2006

The People of the State of New York, Respondent,
v
John Prendergast, Appellant.

—[*1]Appeal by the defendant from (1) a judgment of the Supreme Court, Queens County (Katz, J.), rendered January 6, 2003, convicting him of robbery in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence, and (2) a judgment of the same court, also rendered January 6, 2003, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgments are affirmed.

The defendant contends that he was deprived of a fair trial by the prosecutor's cross-examination of his alibi witness concerning her failure to testify before the grand jury. However, the defendant abandoned this argument (see People v Graves, 85 NY2d 1024 [1995]; People v Valentine, 271 AD2d 245 [2000]), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.

The defendants' remaining contentions are without merit. H. Miller, J.P., Goldstein, Luciano and Covello, JJ., concur.