People v Hosannah
2003 NY Slip Op 19136 [2 AD3d 458]
December 1, 2003
Appellate Division, Second Department
As corrected through
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 25, 2004
People v David Hosannah
The People of the State of New York, Respondent,
David Hosannah, Appellant.
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered May 1, 2002, convicting him of assault in the second degree, assault in the third degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he was not denied his right to a fair trial. First, the defendant's contention that the trial court improperly limited his ability to impeach the complainant is unpreserved for appellate review (see People v George, 67 NY2d 817 ; People v Sutherland, 280 AD2d 622 ; People v Mercado, 135 AD2d 661 ). In any event, this contention is without merit (see People v Bornholdt, 33 NY2d 75 , cert denied sub nom. Victory v New York, 416 US 905 ; People v Sorge, 301 NY 198 ; People v Savastano, 280 AD2d 498 ; People v Singh, 262 AD2d 431 ; People v Coleman, 195 AD2d 475 ; People v Meade, 198 AD2d 307 ). In addition, viewing the court's charge as a whole, the instructions regarding credibility adequately conveyed to the jury the appropriate standard by which to evaluate the testimony of the complainant (see People v Brown, 220 AD2d 606 ; People v Inniss, 192 AD2d 553 , affd 83 NY2d 653 ; People v Sherman, 156 AD2d 889 ).
The defendant's remaining contention is without merit. Santucci, J.P., Krausman, Cozier and Mastro, JJ., concur.