People v. Cole

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered May 21, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Defendant’s claim that the prosecutor improperly cross-examined him about an omission from his postarrest written statement is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that this cross-examination was proper because defendant had…