Opinion
December 30, 1999
Appeal from Judgment of Supreme Court, Monroe County, Wisner, J. — Murder, 2nd Degree.
Judgment unanimously affirmed.
PRESENT: DENMAN, P. J., GREEN, PIGOTT, JR., HURLBUTT AND BALIO, JJ.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25) and manslaughter in the first degree (Penal Law § 125.20). We conclude that the verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Although defendant's confession contains some factual discrepancies, issues concerning those discrepancies and the credibility of prosecution witnesses concerning the voluntariness of the confession were for the jury to decide, and there is no basis in the record to disturb the jury's resolution of those issues ( see, People v. Torres, 245 A.D.2d 1124, 1126, lv denied 91 N.Y.2d 978). Supreme Court did not abuse its discretion in precluding defendant from cross-examining police witnesses concerning the credibility of an eyewitness who made statements shortly after the crime and who did not testify at trial ( cf., People v. Delancy, 254 A.D.2d 815, lv denied 92 N.Y.2d 1048).