Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentSep 23, 1985
113 A.D.2d 898 (N.Y. App. Div. 1985)

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September 23, 1985

Appeal from the County Court, Westchester County (Brown, J.).

Judgment affirmed.

The defendant's claims that the trial court improperly precluded counsel from rebutting the prosecution's evidence that the complainant, an avowed lesbian, had never engaged in sexual intercourse, and that the trial court's charge was improper, are without merit (see, People v Smith, 113 A.D.2d 905). In addition, neither the denial of the defendant's motions for a severance (see, People v Bornholdt, 33 N.Y.2d 75, cert denied sub nom. Victory v New York, 416 U.S. 905) nor the time limitations imposed by the court on summations (here, one hour for each summation) (see, Herring v New York, 422 U.S. 853, 862) constituted an abuse of discretion. Mollen, P.J., Gibbons, Rubin and Kooper, JJ., concur.