Opinion
May 31, 2001.
Judgment, Supreme Court, New York County (Dora Irizarry, J.), rendered March 21, 2000, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of 3 years probation, unanimously affirmed.
Jaime Bachrach, for respondent.
Scott S. Balber, for defendant-appellant.
Before: Williams, J.P., Lerner, Rubin, Saxe, Buckley, JJ.
The court properly exercised its discretion in admitting limited evidence that defendant and his companion made various offensive remarks immediately preceding the incident. This evidence was highly relevant as background information which explained the sequence of events that led directly to the assault (see, People v. Kellogg, 222 A.D.2d 309, lv denied, 87 N.Y.2d 974), and was not inflammatory (see, People v. Guzman, 260 A.D.2d 188, lv denied 93 N.Y.2d 925).
The court properly exercised its discretion in imposing reasonable limits upon the cross-examination of the complainant (see, People v. Harrell, 209 A.D.2d 160, affd 86 N.Y.2d 806). The record reveals that defendant was afforded sufficient latitude in which to present his defense and challenge the complainant's credibility.
Defendant's request for a justification charge was properly denied. The evidence, when viewed in a light most favorable to defendant, failed to support a justification defense (see, People v. Cox, 92 N.Y.2d 1002). Such a defense would have required speculation as to facts not in evidence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.