Opinion
Argued May 2, 1983
Decided June 2, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH HARRIS, J.
Stewart E. Sterk for appellant.
Sol Greenberg, District Attorney ( George H. Barber of counsel), for respondent.
Order affirmed for the reasons stated in the memorandum of the Appellate Division ( 88 A.D.2d 694), to which we add only that, in view of his ruling limiting use of the 1979 rape conviction, it cannot be said that, as in People v Williams ( 56 N.Y.2d 236), the Trial Judge failed to exercise discretion.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.