People v. Brockington

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered May 10, 2005, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied his due process right to a fair trial because the prosecutor and the court failed to timely inform him that the complaining witness had died. The defendant’s argument is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19…