People v. Smith

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered June 30, 1999, convicting him of murder in thé second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claims that the prosecutor improperly used a witness’s prior grand jury testimony to refresh his recollection, and that the trial court erred in instructing the jury that it could consider such testimony for credibility purposes, are unpreserved for appellate review (see CPL 470.05 [2]). In any event, the prosecutor properly used the…