Opinion
December 28, 2000.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered July 13, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
David J. Mudd, for respondent.
Claudia S. Trupp, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Williams, Mazzarelli, Friedman, JJ.
The court properly exercised its discretion when it precluded defendant from attempting to impeach a witness with a purported inconsistency, which was not, in fact, inconsistent (see, People v. Duncan, 46 N.Y.2d 74, 80-81, cert denied 442 U.S. 910). In any event, the court's ruling did not deprive defendant of a fair trial.
We have considered defendant's remaining contentions and find that they do not warrant reversal.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.