Ordered that the judgment is affirmed.
The defendant's contention that he was denied the right to a fair trial by the prosecutor's cross-examination of a defense witness without laying the proper foundation as required by People v. Dawson ( 50 N.Y.2d 311, 321, n 4), is unpreserved for appellate review (see, CPL 470.05; People v. Kitt, 126 A.D.2d 669, 670; People v. McGrath, 136 A.D.2d 658). In any event, the argument is without merit because the defense witness in question was an eyewitness to the incident who remained on the scene until the police arrived (see, People v. McGrath, supra).
The defendant's remaining contention, that he was denied a fair trial by the trial court's failure to give adequate cautionary instructions to the jury about note-taking, is similarly unpreserved for appellate review (see, People v. Stewart, 81 N.Y.2d 877; People v. Tucker, 153 A.D.2d 164, 168, affd 77 N.Y.2d 861; People v. Tempera, 94 A.D.2d 748, 750-751). In any event, this argument is also without merit (see, People v. Di Luca, 85 A.D.2d 439, 446). Thompson, J.P., Miller, Santucci and Joy, JJ., concur.