Opinion
2000-10747
Argued March 7, 2003.
April 21, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered October 17, 2000, convicting him of rape in the first degree (two counts), sexual abuse in the first degree, incest (two counts), rape in the third degree (two counts), and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
David R. Kliegman, Kew Gardens, N.Y., for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Traci R. Wilkerson, and Thomas S. Berkman of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant alleges that the Supreme Court made improper trial rulings. We disagree. The Supreme Court properly exercised its discretion in limiting the defense counsel's cross-examination because the questions posed either lacked a good-faith basis or were otherwise improper (see People v. Negrette, 218 A.D.2d 751, 752; People v. Schinas, 204 A.D.2d 362; cf. People v. Schwartzman, 24 N.Y.2d 241, cert denied 396 U.S. 846. The defendant was properly precluded from testifying with respect to statements made by the complainant because they were inadmissible hearsay and did not qualify as an exception under the doctrine of res gestae (see People v. Sostre, 70 A.D.2d 40, 44-45).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
FLORIO, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.