PEOPLE v. BATISTA

Defendant concededly failed to preserve his claim that the portion of the court's Sandoval ruling permitting cross-examination as to whether defendant provided false pedigree information created a self-incrimination problem with respect to the class B misdemeanor of false personation (Penal Law § 190.23), and we decline to review it in the interest of justice. Were we to review this claim, we would find no basis for reversal. "The prior bad acts were not the subject of pending charges ( compare People v. Betts, 70 N.Y.2d 289), and, since defendant never raised the issue, the court had no opportunity to ascertain whether or not there was an actual self-incrimination problem and, if so, to fashion a suitable remedy" ( People v. Scheri, 268 A.D.2d 251, lv denied 94 N.Y.2d 952).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.