People v. Brown

303 A.D.2d 175, 755 N.Y.S.2d 237, 2003 N.Y. App. Div. LEXIS 2244

Opinion

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered September 7, 2000, convicting defendant, after a jury trial, of course of sexual conduct against a child in the second degree and endangering the welfare of a child, and sentencing him to concurrent terms of seven and one years, respectively, unanimously affirmed.

The court properly exercised its discretion in precluding cross-examination of the victim regarding alleged prior sexual abuse by persons other than defendant, since there was a lack of proof that any of these incidents constituted false allegations and since defendant made no showing that the circumstances of these unrelated allegations bore a “significant probative relation” to the instant charges (People v Mandel, 48 NY2d 952, 953 [1979], cert denied 446 US 949 [1980]). Accordingly, there was no violation of defendant’s right of confrontation (see Delaware v Van Arsdall, 475 US 673, 678-679 [1986]).

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Andrias, Saxe, Williams and Marlow, JJ.