PEOPLE v. ANDREWS (1997)

Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered April 20, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 1/2 to 9 years, unanimously affirmed.

 The prosecutor's cross examination of defendant and summation remarks concerning a significant discrepancy between defendant's trial testimony and a post-arrest statement attributed to him by the police were proper (People v. Savage, 50 N.Y.2d 673, 431 N.Y.S.2d 382, 409 N.E.2d 858, cert denied 449 U.S. 1016, 101 S.Ct. 577, 66 L.Ed.2d 475), notwithstanding defendant's testimony that he made no such statement (see, People v. Davis, 61 N.Y.2d 202, 473 N.Y.S.2d 146, 461 N.E.2d 283).

 The court properly limited cross-examination of police witnesses concerning unrelated incidents (see, People v. Johnson, 228 A.D.2d 389, 644 N.Y.S.2d 623, lv denied 88 N.Y.2d 1022, 651 N.Y.S.2d 21, 673 N.E.2d 1248;  People v. Alston, 215 A.D.2d 108, 626 N.Y.S.2d 82, lv denied 86 N.Y.2d 732, 631 N.Y.S.2d 612, 655 N.E.2d 709).

MEMORANDUM DECISION.