People v. Maniram — 242 A.D.2d 472

Majority

p. 472

(September 23, 1997)

The People of the State of New York, Respondent, v Dharmendra Maniram, Appellant.

[662 NYS2d 119]

Judgment, Supreme Court, Bronx County (Robert Straus, J.), rendered August 21, 1995, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

The court properly admitted testimony concerning a prior altercation between the complainant and defendant. The prior incident was not unduly remote and was highly relevant to motive (see, People v Angel, 238 AD2d 210 ). Further, the court gave adequate limiting instructions at the time the testimony was introduced.

The court’s ruling concerning impeachment of a witness by an alleged prior inconsistent statement was a proper exercise

p. 473

of discretion (see, People v Duncan, 46 NY2d 74 , 80, cert denied 442 US 910 ).

We have reviewed defendant’s remaining contentions and find them to be without merit. Concur—Murphy, P. J., Sullivan, Ellerin and Williams, JJ.

Cases cited

People v. Duncan 46 NY2d 74 N.Y. 1978-12-07 at 80 p. 473