People v Cortina (Carlos)

[*1] People v Cortina (Carlos) 2005 NYSlipOp 50399(U) Decided on March 25, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 25, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: March 25, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PATTERSON, J.P., GOLIA and RIOS, JJ.
2003-987 K CR

The People of the State of New York, Respondent,

against

Carlos Cortina, Appellant.

Appeal by defendant from a judgment of the Criminal Court, Kings County (M. Lopez-Torres, J.), rendered June 11, 2003, convicting him of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and imposing sentence.

Judgment of conviction unanimously affirmed.

Defendant contends that he was denied his constitutional right to confront the witnesses against him and present a defense when the court, in response to an objection made by the People, denied his request to have the court interpreter translate a document to the complainant to refresh his recollection during cross-examination. Since defense counsel did not take exception to the court's ruling and the court did not "expressly decide" the issue which defendant now raises on appeal, this issue is not preserved for appellate review (see CPL 470.05 [2]; People v Turriago, 90 NY2d 77 [1997]; People v Alston, 9 AD3d 268 [2004]; People v Obondo, 176 AD2d 969 [1991]) and we decline to exercise our interest of justice jurisdiction to reach it. In any event, in light of the overwhelming evidence of defendant's guilt presented at trial, we find that the error, if any, was harmless (see People v Crimmins, 36 NY2d 230 [1975]).
Decision Date: March 25, 2005