Opinion
2000-07794
Argued January 22, 2002.
February 25, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered July 27, 2000, convicting him of robbery in third degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Kent V. Moston, Hempstead, N.Y. (Christopher M. Cevasco of counsel), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz, Margaret E. Mainusch, and Bruce E. Whitney of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
ORDERED that the judgment is affirmed.
The defendant contends that he was deprived of his rights to confrontation, to effective cross-examination, or to present a defense, because the trial court limited cross-examination of the complainant after he asserted his Fifth Amendment privilege against self-incrimination regarding his immigration status. "Although proof aimed at establishing a motive to fabricate is never collateral and may not be excluded on that ground, a trial court may, in the exercise of its discretion, properly exclude such proof where it is too remote or speculative" (People v. Barney, 277 A.D.2d 460; see, People v. George, 197 A.D.2d 588). While we agree with the defendant that the trial court erroneously excluded the proof on the ground that it was collateral, the error was harmless. The evidence concerning the complainant's motive to fabricate was speculative, and the proof of the defendant's guilt was overwhelming (see, People v. Johnson, 57 N.Y.2d 969).
The defendant's remaining contentions are without merit.
PRUDENTI, P.J., SANTUCCI, LUCIANO and SCHMIDT, JJ., concur.