PEOPLE v. GOODWIN

Judgment unanimously affirmed. Memorandum: Defendant was convicted of rape and sodomy. The trial court did not abuse its discretion in prohibiting defense counsel from questioning the complainant about an alleged incident in which she engaged in oral sex with an unidentified third person while defendant was present but did not participate. That incident did not involve "the victim's prior sexual conduct with the accused" (CPL 60.42; see also, People v. Hauver, 129 A.D.2d 889, 890, lv denied 70 N.Y.2d 712) and was not otherwise relevant or admissible (see, CPL 60.42; People v. Mandel, 48 N.Y.2d 952, 953, cert denied 446 U.S. 949; People v. Crawford, 143 A.D.2d 141, 142, lv denied 72 N.Y.2d 1044).