People v. Santmyer

Judgment unanimously affirmed. Memorandum: County Court properly exercised its discretion in excluding evidence of the complainant’s prior sexual encounter with another prosecution witness (see, CPL 60.42 [5]; People v Baldwin, 211 AD2d 638, lv denied 85 NY2d 935). The court properly permitted the prosecutor to question defendant about a previous assault conviction after defendant "opened the door” to such inquiry by testifying that he was not a violent person (see, People v Rios, 166 AD2d 616, 618, lv denied 77 NY2d 842). Defendant bore the burden of seeking an advance ruling on the…