Opinion
February 23, 2000
Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered June 12, 1997, convicting defendant, after a jury trial, of rape in the first degree (four counts), sodomy in the first degree (four counts) and endangering the welfare of a child, and sentencing him to eight concurrent terms of 6 to 18 years concurrent with a term of 1 year, unanimously affirmed.
Rafael Curbelo, for Respondent.
Paul Wiener, for Defendant-Appellant.
TOM, J.P., RUBIN, ANDRIAS, BUCKLEY, FRIEDMAN, JJ.
The court properly exercised its discretion in precluding defendant from introducing extrinsic evidence of an alleged prior inconsistent statement by the complainant on a subject that was collateral to the issues presented at trial (see, People v. Rodriguez, 161 A.D.2d 255, lv denied 76 N.Y.2d 864). To the extent that defendant is raising a constitutional claim, such claim is unpreserved and we decline to review it in the interest of justice.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.