People v. Umonzor

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered October 1, 1991, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was precluded from testifying as to his state of mind is without merit. Where a defendant’s state of mind is at issue, the defendant is entitled to testify concerning it (see, People v Rivera, 101 AD2d 981, 982, affd 65 NY2d 661). In the present case, although the trial court restricted the defendant’s testimony, the…