Opinion
376
March 6, 2003.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered September 7, 2000, convicting defendant, after a jury trial, of course of sexual conduct against a child in the second degree and endangering the welfare of a child, and sentencing him to concurrent terms of 7 and 1 years, respectively, unanimously affirmed.
Matthew J. Galluzzo, for respondent.
Paul Liu, John Schoeffel, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Saxe, Williams, Marlow, JJ.
The court properly exercised its discretion in precluding cross-examination of the victim regarding alleged prior sexual abuse by persons other than defendant, since there was a lack of proof that any of these incidents constituted false allegations and since defendant made no showing that the circumstances of these unrelated allegations bore a "significant probative relation" to the instant charges (People v. Mandel, 48 N.Y.2d 952, 953, cert denied 446 U.S. 949). Accordingly, there was no violation of defendant's right of confrontation (see Delaware v. Van Arsdall, 475 U.S. 673, 678-679).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.