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PEOPLE v. FANNING

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 16, 1994
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Judgment unanimously affirmed. Memorandum: County Court properly acted within its discretion when it permitted the People to amend their bill of particulars and granted defendant an adjournment (see, People v. Parker, 186 A.D.2d 157, lv denied 80 N.Y.2d 1029). There is sufficient evidence in the record of the Huntley hearing to support the court's finding that defendant did not invoke his right to counsel prior to giving a statement to police. The court properly precluded defendant from introducing evidence concerning his reputation for truth and veracity, because that evidence did not relate to a trait involved in the charges of rape, sodomy, sexual abuse or endangering the welfare of a child (see, People v. Sulkey, 195 A.D.2d 1026, 1028, lv denied 82 N.Y.2d 759). The sentence imposed is neither harsh nor excessive.

We have reviewed defendant's remaining contentions and conclude that they are without merit.