The court properly admitted testimony that defendant made a threatening gesture to a prosecution witness during a break in that witness's testimony ( People v. Plummer, 36 N.Y.2d 161). The throat-slitting gesture was highly probative of defendant's consciousness of guilt and was admissible irrespective of the possibility of innocent explanations ( People v. Yazum, 13 N.Y.2d 302).
The defendant's claim on appeal concerning the court's Sandoval ruling is unpreserved and we decline to review it.
We perceive no abuse of sentencing discretion.
Concur — Rosenberger, J. P., Ellerin, Nardelli, Williams and Andrias, JJ.