Opinion
February 10, 1999
Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Criminal Sale Controlled Substance, 2nd Degree.
Present — Denman, P. J., Green, Hayes, Wisner and Callahan, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court deprived her of a fair trial by refusing to allow defense counsel on redirect examination to inquire about possible exculpatory statements made by codefendant during his plea allocution. That contention is unpreserved for our review because defense counsel failed to make an offer of proof ( see, People v. Greany, 185 A.D.2d 376, 377, lv denied 80 N.Y.2d 1027). Defendant's contention that the evidence is not sufficient to support the conviction also is unpreserved for our review because counsel made a general motion to dismiss ( see, People v. Gray, 86 N.Y.2d 10, 19-20). Finally, the court did not abuse its discretion in permitting the prosecutor to inquire into facts underlying defendant's three petit larceny convictions. Those convictions were dissimilar to the crimes for which defendant was being tried and were material and relevant on the issue of her credibility ( see, People v. Davis [Earl], 173 A.D.2d 634, lv denied 78 N.Y.2d 964).