Opinion
November 16, 1990
Appeal from the Supreme Court, Monroe County, Rosenbloom, J.
Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Defendant's plea of guilty to assault in the third degree precludes him from litigating the issue of his liability at a subsequent civil trial, and the court properly granted plaintiff's motion for summary judgment on the issue of liability (see, Jordan v. Britton, 128 A.D.2d 315, 321-322).
The court did not abuse its discretion by deciding to prohibit evidence of the sexual conduct of either party. The decision whether to admit evidence that is logically relevant, but is so prejudicial that its probative value is outweighed, rests within the sound discretion of the court (see, People v. Davis, 43 N.Y.2d 17, 27, cert. denied 435 U.S. 998, rearg dismissed 61 N.Y.2d 670).