Opinion

People v. Brown

  • 303 A.D.2d 175
  • 755 N.Y.S.2d 237
  • 2003 N.Y. App. Div. LEXIS 2244
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 6, 2003
Status
Published
Cited by
1 cases
Authority
More cited than 51.9%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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