Opinion
KA 02-02779.
December 30, 2004.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered October 15, 2002. The judgment convicted defendant, upon a jury verdict, of burglary in the third degree, criminal mischief in the fourth degree and petit larceny.
Before: Pigott, Jr., P.J., Green, Kehoe, Smith and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him of, inter alia, burglary in the third degree (Penal Law § 140.20), defendant contends that the verdict is against the weight of the evidence. We reject that contention ( see People v. Bleakley, 69 NY2d 490, 495). Defendant failed to preserve for our review his further contention that County Court improperly restricted his cross-examination of the complainant with respect to her alleged motive to make false accusations against him ( see generally People v. Rookey, 292 AD2d 783, lv denied 98 NY2d 701; People v. Zayas, 202 AD2d 324, lv denied 83 NY2d 973), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). The sentence is not unduly harsh or severe.