Opinion
July 12, 1985
Appeal from the Herkimer County Court, Bergin, J.
Present — Callahan, J.P., Boomer, O'Donnell, Pine and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: We agree with the trial court that, under the circumstances of this case, the prior statement allegedly made by the victim cannot reasonably be construed as being inconsistent with her testimony. In any event, if the exclusion of this statement was error, it was harmless ( People v. Crimmins, 36 N.Y.2d 230).
We find no merit to the other issues raised by defendant.