PEOPLE v. FLEMING

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review her contention regarding the preliminary instructions given to the jury (see, People v. Hickey, 133 A.D.2d 421 ). In any event, the instructions given adequately conveyed to the jury its function, duties, and conduct (see, CPL 270.40; People v. Moore, 161 A.D.2d 733 ).

The defendant's contention that the court improperly limited her cross-examination of a prosecution witness is also unpreserved for appellate review, and, in any event, without merit, since the limitation was a provident exercise of discretion (see, People v. Schwartzman, 24 N.Y.2d 241, cert denied 396 U.S. 846 ; People v. Ashner, 190 A.D.2d 238 ).

KRAUSMAN, J.P., H. MILLER, SCHMIDT, and SMITH, JJ., concur.