People v. Benn

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before MILLER
• Citation: People v. Benn, 623 N.Y.S.2d 634, 213 A.D.2d 489 (N.Y. App. Div. 1995)
• Decision Date: 13 March 1995
• Parties: The PEOPLE, etc., Respondent, v. James BENN, Appellant.

Page 634

623 N.Y.S.2d 634

213 A.D.2d 489

The PEOPLE, etc., Respondent, v. James BENN, Appellant.

Supreme Court, Appellate Division Second Department.

March 13, 1995.

Philip L. Weinstein, New York City (Harold V. Ferguson, Jr., of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie and Amy Appelbaum, of counsel), for respondent.

Before MILLER, J.P., and O'BRIEN, SANTUCCI and FLORIO, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered June 16, 1992, convicting him of sodomy in the first degree, attempted rape in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his cross examination of the complainant was improperly curtailed is without merit. Although prior alleged sexual assault complaints do not fall within the proscriptive scope of CPL 60.42, it is not an improvident exercise of discretion for a trial court to restrict cross-examination on that topic, especially where, as here, the defendant provided no basis for his allegation that the prior complaints were false (see, People v. Lippert, 138 A.D.2d 770, 525 N.Y.S.2d 390; see also, People v. Mandel, 48 N.Y.2d 952, 425 N.Y.S.2d 63, 401 N.E.2d 185; People v. Passenger, 175 A.D.2d 944, 572 N.Y.S.2d 972; People v. Hamel, 174 A.D.2d 837, 571 N.Y.S.2d 138). Contrary to the defendant's contention, he was not prohibited from cross-examining the complainant regarding the facts underlying her conviction of sexual abuse.

Furthermore, we find that the court correctly imposed consecutive sentences for the defendant's convictions of rape in the first degree and sodomy in the first degree. The...