People v. Judd

—Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered May 21, 1992, convicting defendant, after jury trial, of assault in the third degree, and sentencing him to a term of 3 years probation, unanimously affirmed.

While the prosecutor’s question on the People’s direct case regarding the demeanor of a defense witness who had given a written statement may be viewed as "anticipatory rebuttal”, defendant did not preserve his current claim of error by objection (CPL 470.05). In any event, the question addressed the issue of coercion offered initially during defendant’s opening…