People v. Alexander

Mar 14, 2005
Versions:16 A.D.3d 515
792 N.Y.S.2d 109
2005 N.Y. App. Div. LEXIS 2613

Ordered that the judgment is affirmed.

The trial court providently exercised its discretion in precluding the testimony of a defense witness on the ground that the testimony would have been evidence on a collateral matter offered solely to impeach the credibility of the complaining witness (see People v Aska, 91 NY2d 979 [1998]; People v Inniss, 83 NY2d 653, 655 [1994]; People v Chesson, 303 AD2d 418, 419 [2003]; People v Ragland, 240 AD2d 598 [1997]). To the extent the testimony was proffered to establish the complainant‘s motive, it would have been cumulative.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant‘s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The defendant‘s contention that his adjudication as a persistent violent felony offender (see Penal Law § 70.08) violated his right to a jury trial is unpreserved for appellate review and in any event, is without merit (see People v Rosen, 96 NY2d 329, 334-335 [2001]; cert denied 534 US 899 [2001]; People v Roman, 292 AD2d 470, 471 [2002]; People v Rice, 285 AD2d 617, 618 [2001]). H. Miller, J.P., Crane, Spolzino and Fisher, JJ., concur.