People v Johnson, 2015 NY Slip Op 01669 [125 AD3d 1007]

February 25, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Terrance Johnson, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Veronica W. Ip of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garnett, J.), rendered February 11, 2013, convicting him of rape in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court providently exercised its discretion in precluding him from cross-examining the victim about a past allegation of sexual abuse the victim had made against an ex-boyfriend because the defendant provided no basis for his contention that the prior allegation was false ( see People v Mandel , 48 NY2d 952 [1979]; People v Resto , 104 AD3d 709 [2013]; People v Amaya , 103 AD3d 907 [2013]).

The defendant’s remaining contention is without merit. Skelos, J.P., Hall, Sgroi and Hinds-Radix, JJ., concur..