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THE PEOPLE, ETC., RESPONDENT, v. OSCAR FERERE, APPELLANT.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly precluded extrinsic evidence offered on the issue of the general credibility of the complainant which was collateral to the ultimate issue in the case (see People v. Inniss, 83 N.Y.2d 653, 658; People v. Knight, 80 N.Y.2d 845, 847; cf. People v. Washington, 278 A.D.2d 517; People v. Castillo, 215 A.D.2d 575; People v. Medina, 130 A.D.2d 515, 516).

The complainant's passing references to the defendant having "just come out of jail" do not constitute a ground for reversal. The trial court promptly gave a curative instruction to the jury and admonished the witness, and the references were elicited by the defense counsel, not the prosecutor. In any event, the proof of the defendant's guilt was overwhelming (see People v. Collazo, 163 A.D.2d 581; People v. Jeudi, 139 A.D.2d 594).

Notwithstanding the defendant's acquittal of the charge of attempted murder in the second degree, the sentencing court's comment that "it was fortuitous that the complainant didn't fall to her death" was not improper in light of the defendant's conviction for reckless endangerment in relation to the same incident (cf. People v. Santiago, 277 A.D.2d 258, 259; People v. Menasche, 224 A.D.2d 551; People v. Grant, 191 A.D.2d 297; People v. Coward, 100 A.D.2d 628). The imposition of consecutive sentences was within the sentencing court's discretion (see People v. Brathwaite, 63 N.Y.2d 839; People v. Carter, 286 A.D.2d 773, 774, lv denied 97 N.Y.2d 655).

FLORIO, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.

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PEOPLE v. FERERE
(May 28, 2002)