People v. Uriah

—Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of three counts of sexual abuse in the first degree (Penal Law § 130.65 [3]) and one count of endangering the welfare of a child (Penal Law § 260.10 [1]). The contention of defendant that the prosecutor improperly cross-examined him concerning his refusal to take a polygraph test and improperly commented on summation concerning that refusal is not preserved for our review (see, CPL 470.05 [2]). We conclude,…