People v. Cain

Nov 17, 2006
Versions:34 A.D.3d 1256
823 N.Y.S.2d 714

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of one count of burglary in the second degree (Penal Law § 140.25 [2]) and two counts of criminal contempt in the first degree (§ 215.51 [b] [iv], [v]). County Court properly exercised its discretion in limiting the examination of a defense witness concerning a collateral matter designed to impeach the complainant‘s credibility (see People v Watson, 248 AD2d 737 [1998], lv denied 92 NY2d 863 [1998]; see generally Ingebretsen v Manha, 218 AD2d 784 [1995]). The verdict is not against the weight of the evidence (see People v Garcia, 17 AD3d 283 [2005], lv denied 5 NY3d 789 [2005]), and the sentence is not unduly harsh or severe. Present—Kehoe, J.P., Martoche, Centra, Green and Pine, JJ.