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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRED L. CRAIG, Appellant.

Memorandum:

Defendant appeals from a judgment convicting him of two counts of reckless endangerment in the first degree (Penal Law § 120.25). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction ( see People v. Gray, 86 NY2d 10, 19). Defendant also failed to preserve for our review his challenges to County Court's evidentiary rulings ( see People v. Cunningham, 12 AD3d 1131, 1132-1133), including his contentions that he was denied his right of confrontation by the admission of testimony suggesting that he had been implicated by his codefendant ( see People v. Walker, 71 NY2d 1018, 1019-1020, rearg denied 72 NY2d 953; People v. Carter, 1 AD3d 1028, 1029, lv denied 2 NY3d 738) and by the court's restriction of his cross-examination of a prosecution witness ( see People v. Dunbar, 145 AD2d 501, 501-502). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Finally, we reject the contentions of defendant that the verdict is against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490, 495), he was denied the effective assistance of counsel ( see People v. Baldi, 54 NY2d 137, 147) and he was denied his right to testify ( see People v. Dolan, 2 AD3d 745, 746, lv denied 2 NY3d 798).

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PEOPLE v. CRAIG
(Feb 4, 2005)