Opinion
March 11, 1994
Appeal from the Monroe County Court, Egan, J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in refusing to permit him to rehabilitate his witness with evidence of a prior consistent statement made before trial. Defendant alleges that the District Attorney attacked the witness' testimony as a recent fabrication. Because the prior consistent statement did not antedate the motive to fabricate, County Court properly concluded that it was inadmissible (see, People v. McClean, 69 N.Y.2d 426, 428-430; People v. Davis, 44 N.Y.2d 269, 277-278; People v. Williams, 139 A.D.2d 683, 683-684).
We have reviewed defendant's remaining contention and find it to be without merit.