People v. Lewis

269 A.D.2d 253, 702 N.Y.S.2d 827, 2000 N.Y. App. Div. LEXIS 1548

Opinion

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered June 12, 1997, convicting defendant, after a jury trial, of rape in the first degree (four counts), sodomy in the first degree (four counts) and endangering the welfare of a child, and sentencing him to eight concurrent terms of 6 to 18 years concurrent with a term of 1 year, unanimously affirmed.

The court properly exercised its discretion in precluding defendant from introducing extrinsic evidence of an alleged prior inconsistent statement by the complainant on a subject that was collateral to the issues presented at trial (see, People v Rodriguez, 161 AD2d 255, lv denied 76 NY2d 864). To the extent that defendant is raising a constitutional claim, such claim is unpreserved and we decline to review it in the interest of justice. Concur — Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.