Majority
p. 990The People of the State of New York, Respondent, v Lawrence Makley, Appellant. [609 NYS2d 509]
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in refusing to permit him to rehabilitate his witness with evidence of a prior consistent statement made before trial. Defendant alleges that the District Attorney attacked the witness’ testimony as a recent fabrication. Because the prior consistent statement did not antedate the motive to fabricate, County Court properly concluded that it was inadmissible (see, People v McClean, 69 NY2d 426 , 428-430; People v Davis, 44 NY2d 269 , 277-278; People v Williams, 139 AD2d 683 , 683-684).
We have reviewed defendant’s remaining contention and
p. 991
find it to be without merit. (Appeal from Judgment of Monroe County Court, Egan, J. — Burglary, 2nd Degree.) Present— Green, J. P., Balio, Lawton, Doerr and Boehm, JJ.
Cases cited
- People v. McClean 69 NY2d 426 at 428-430 p. 990