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PEOPLE v. KEATING

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 16, 1990

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the first degree and argues that the court committed reversible error by denying defense counsel's motion to preclude the prosecutor from cross-examining defendant about pending charges. Defense counsel asserts the privilege against self-incrimination for the first time on appeal and thus has failed to preserve this issue for our review (see, People v Pavao, 59 N.Y.2d 282, 292, n 3; cf., People v Betts, 70 N.Y.2d 289), and we decline to reach it in the interest of justice.

We have examined defendant's remaining arguments on appeal and find them lacking merit.