Opinion
2002-04089.
December 1, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered May 1, 2002, convicting him of assault in the second degree, assault in the third degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Tziyonah M. Langsam of counsel), for respondent.
Before: BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was not denied his right to a fair trial. First, the defendant's contention that the trial court improperly limited his ability to impeach the complainant is unpreserved for appellate review ( see People v. George, 67 N.Y.2d 817; People v. Sutherland, 280 A.D.2d 622; People v. Mercado, 135 A.D.2d 661). In any event, this contention is without merit ( see People v. Bornholdt, 33 N.Y.2d 75, cert denied 416 U.S. 905; People v. Sorge, 301 N.Y. 198; People v. Savastano, 280 A.D.2d 498; People v. Singh, 262 A.D.2d 431; People v. Coleman, 195 A.D.2d 475; People v. Meade, 198 A.D.2d 307) . In addition, viewing the court's charge as a whole, the instructions regarding credibility adequately conveyed to the jury the appropriate standard by which to evaluate the testimony of the complainant ( see People v. Brown, 220 A.D.2d 606; People v. Inniss, 192 A.D.2d 553, affd 83 N.Y.2d 653; People v. Sherman, 156 A.D.2d 889).
The defendant's remaining contention is without merit.
SANTUCCI, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.