PEOPLE v. BROWN (2004)

On appeal from a judgment convicting him of, inter alia, burglary in the third degree (Penal Law § 140.20), defendant contends that the verdict is against the weight of the evidence.   We reject that contention (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Defendant failed to preserve for our review his further contention that County Court improperly restricted his cross-examination of the complainant with respect to her alleged motive to make false accusations against him (see generally People v. Rookey, 292 A.D.2d 783, 738 N.Y.S.2d 786, lv. denied 98 N.Y.2d 701, 747 N.Y.S.2d 420, 776 N.E.2d 9;  People v. Zayas, 202 A.D.2d 324, 609 N.Y.S.2d 9, lv. denied 83 N.Y.2d 973, 616 N.Y.S.2d 26, 639 N.E.2d 766), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).   The sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: