Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Robert Brown, Appellant
13 A.D.3d 1168787 N.Y.S.2d 538·New York Supreme Court, Appellate Division·2004·NY
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Opinion
The People of the State of New York, Respondent, v Robert Brown, Appellant.
[787 NYS2d 538]
[MAJORITY — Memorandum:]
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered October 15, 2002. The judgment convicted defendant, upon a jury verdict, of burglary in the third degree, criminal mischief in the fourth degree and petit larceny.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of, inter alia, burglary in the third degree (Penal Law § 140.20), defendant contends that the verdict is against the weight of the evidence. We réject that contention (see People v Bleakley, 69 NY2d 490, 495 [1987]). Defendant failed to preserve for our review his further contention that County Court improperly restricted his cross-examination of the complainant with respect to her alleged motive to make false accusations against him (see generally People v Rookey, 292 AD2d 783 [2002], lv denied 98 NY2d 701 [2002]; People v Zayas, 202 AD2d 324 [1994], lv denied 83 NY2d 973 [1994]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). The sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Green, Kehoe, Smith and Hayes, JJ.