PEOPLE v. HENDRICKS

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts each of murder in the second degree (Penal Law § 125.25, [3]) and robbery in the first degree (§ 160.15[1], [2]), and one count of criminal possession of a weapon in the fourth degree (§ 265.01 [2]). Contrary to defendant's contention, County Court properly allowed a lay witness to testify regarding the meaning of the term "stuck." "[W]hen words have a doubtful, hidden or ambiguous meaning, the person who used them may testify as to their meaning, as may all persons who heard them" ( People v. Irvine, 40 A.D.2d 560, 560; see People v. Bignall, 195 A.D.2d 997, 998, lv denied 82 N.Y.2d 891) . The court also properly permitted the People to elicit testimony regarding the robbery and beating of a witness by defendant prior to trial. "Evidence of threats made by the defendant against one of the People's witnesses, although evidence of prior bad acts, [is] admissible on the issue of consciousness of guilt" ( People v. Pugh, 236 A.D.2d 810, 812, lv denied 89 N.Y.2d 1099 [internal quotation marks omitted]). We further conclude that there is no merit to the contention that defendant was deprived of a fair trial by prosecutorial misconduct on summation ( see People v. Edwards, 167 A.D.2d 864, lv denied 77 N.Y.2d 877). Defendant received effective assistance of counsel ( see People v. Berroa, 99 N.Y.2d 134, 139), and the sentence is not unduly harsh or severe. Defendant's remaining contentions are not preserved for our review ( see CPL 470.05), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see 470.15[6] [a]).