Opinion
December 31, 1997
Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in excluding the testimony of defendant's nephew regarding an altercation between the nephew and a prosecution witness. "While proof of bias or hostility of a witness is not collateral ( see, People v. Gilland, 110 A.D.2d 1078), a court may, in the exercise of discretion, properly exclude such proof when it is too remote or speculative ( see, People v. Thomas, 46 N.Y.2d 100, 105-106, appeal dismissed 444 U.S. 891; People v. Stewart, 188 A.D.2d 626, 627)" ( People v. Cullen, 236 A.D.2d 808, lv denied 89 N.Y.2d 1010). We reject the contention of defendant that he was deprived of a fair trial by less than meaningful representation ( see, People v. Flores, 84 N.Y.2d 184, 187). The evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), is sufficient to support the conviction, and the verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The court properly denied defendant's motion to suppress physical evidence without conducting a hearing ( see, People v. Mendoza, 82 N.Y.2d 415, 426). The court's limited disclosure of the contents of a prosecution witness's psychiatric records "properly balanced the interests of justice against the witness's needs for confidentiality" ( People v. Arnold, 177 A.D.2d 633, 634, lv denied 79 N.Y.2d 853). The sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, D'Amico, J. — Murder, 2nd Degree.)