Opinion
No. KA 05-00490.
November 17, 2006.
Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered July 7, 2004. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree and criminal contempt in the first degree (two counts).
Before: Present — Kehoe, J.P., Martoche, Centra, Green and Pine, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of one count of burglary in the second degree (Penal Law § 140.25) and two counts of criminal contempt in the first degree (§ 215.51 [b] [iv], [v]). County Court properly exercised its discretion in limiting the examination of a defense witness concerning a collateral matter designed to impeach the complainant's credibility ( see People v Watson, 248 AD2d 737, lv denied 92 NY2d 863; see generally Ingebretsen v Manha, 218 AD2d 784). The verdict is not against the weight of the evidence ( see People v Garcia, 17 AD3d 283, lv denied 5 NY3d 789), and the sentence is not unduly harsh or severe.