People v. Martinez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered June 1, 1987, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor improperly cross-examined his alibi witness with regard to the witness’s silence during the four years between the incident and the trial (see, People v Dawson, 50 NY2d 311). The defendant complains that the trial court erred by failing to sua sponte call for a bench conference to ascertain the basis for the…