Opinion
November 12, 1991
Appeal from the Supreme Court, Bronx County (Bonnie Wittner, J.).
The evidence at trial established that in January, April, September and December of 1986, defendant forced the two daughters of a close friend to engage in various sexual acts with him at their home in their father's absence.
Although defendant contends that his guilt was not established beyond a reasonable doubt, the inconsistencies and contradictions in the sisters' testimony merely presented questions of credibility for the jury to resolve (People v. Jones, 165 A.D.2d 103, 108, lv denied 77 N.Y.2d 962). On this record, it cannot be said that the jury's verdict was unsupported by sufficient evidence. Moreover, the motive to lie now attributed to the father and his girlfriend was never raised at trial, and, at best, is pure speculation on the part of appellate counsel. Finally, there is no requirement that the People must provide conclusive medical corroboration linking defendant to the acts charged (People v. Collins, 166 A.D.2d 270, lv denied 76 N.Y.2d 1020).
Defendant's claim that the trial court improperly precluded him from inquiring into the relationship between the father and the victims is similarly without merit. It is well-settled that the trial court has broad discretion to limit the scope of cross-examination (People v. Sorge, 301 N.Y. 198, 202). Here, defendant could make no substantial offer of proof (People v Rodriguez, 161 A.D.2d 255, lv denied 76 N.Y.2d 864), and conceded as much, in his application to pursue this particular line of inquiry.
There is no merit to defendant's remaining claim that the prosecutor became an unsworn witness by questioning him regarding the content of his interview by the Criminal Justice Agency after his arrest.
Concur — Murphy, P.J., Sullivan, Milonas, Rosenberger and Asch, JJ.