Majority
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garnett, J.), rendered February 11, 2013, convicting him of rape in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the trial court providently exercised its discretion in precluding him from cross-examining the victim about a past allegation of sexual abuse the victim had made against an ex-boyfriend because the defendant provided no basis for his contention that the prior allegation was false (see People v Mandel, 48 NY2d 952 [1979]; People v Resto, 104 AD3d 709 [2013]; People v Amaya, 103 AD3d 907 [2013]).
The defendant’s remaining contention is without merit. Skelos, J.P., Hall, Sgroi and Hinds-Radix, JJ., concur.
Cases cited
- People v. Mandel 48 NY2d 952 p. 1007
- People v. Resto 104 AD3d 709 p. 1007