People v. Johnson

• Decision Date: 25 February 2015
• Citation: 125 A.D.3d 1007,1 N.Y.S.3d 853 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Terrance JOHNSON, appellant.
• Court: New York Supreme Court — Appellate Division

125 A.D.3d 1007
1 N.Y.S.3d 853 (Mem)

The PEOPLE, etc., respondent,
v.
Terrance JOHNSON, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 25, 2015.

Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Veronica W. Ip of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garnett, J.), rendered February 11, 2013, convicting him of rape in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion in precluding him from cross-examining the victim about a past allegation of sexual abuse the victim had made against an ex-boyfriend because the defendant provided no basis for his contention that the prior allegation was false (see People v. Mandel, 48 N.Y.2d 952, 425 N.Y.S.2d 63, 401 N.E.2d 185 ; People v. Resto, 104 A.D.3d 709, 960 N.Y.S.2d 203 ; People v. Amaya, 103 A.D.3d 907, 959 N.Y.S.2d 748 ).

The defendant's remaining contention is without merit.

SKELOS, J.P., HALL, SGROI and HINDS–RADIX, JJ., concur.