| People v Lopez |
| 2011 NY Slip Op 02700 [82 AD3d 1264] |
| March 29, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LuisLopez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Danielle Hartman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.),rendered January 22, 2008, convicting him of assault in the third degree and criminal contempt inthe first degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the Supreme Courtdeprived him of both a fair trial and his Sixth Amendment right to present a defense byprecluding defense counsel from questioning a certain prosecution witness as to whether thedefendant smelled of alcohol or appeared intoxicated on the night of the subject altercation(see CPL 470.05 [2]; People v Haddock, 79 AD3d 1148 [2010]; People vBernardez, 63 AD3d 1174 [2009]; People v Sims, 57 AD3d 1106, 1109 [2008]), andwe decline to reach it in the exercise of our interest of justice jurisdiction. Furthermore, under thecircumstances, defense counsel's failure to specifically object when the Supreme Court sustainedthe prosecutor's objections to such questions did not deprive the defendant of effective assistanceof counsel (see People v Baldi, 54 NY2d 137, 147 [1981]). Rivera, J.P., Dickerson, Engand Lott, JJ., concur.