People v. Mathews

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of rape in the first degree, two counts of sexual abuse in the first degree and endangering the welfare of a child. We reject defendant’s contention that County Court improperly limited cross-examination of a prosecution witness regarding sexual activity between the complainant, age 10, and individuals other than defendant. That evidence is irrelevant to the issue whether de*955fendant had sexual intercourse with the complainant and is not otherwise admissible under CPL 60.42 (see,…