
    STATE of Maine v. Stephen GREEN.
    Supreme Judicial Court of Maine.
    Argued Nov. 4, 1982.
    Decided Nov. 29, 1982.
    David M. Cox, Dist. Atty., Gary F. Thorne, Asst. Dist. Atty., (orally), Bangor, for plaintiff.
    Ferris, Dearborn & Willey, Joseph L. Ferris (orally), Brewer, for defendant.
    Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER and YIOLETTE, JJ.
   MEMORANDUM OF DECISION

Stephen Green appeals from his conviction on two counts of Burglary (Class C), 17-A M.R.S.A. § 401, following a jury trial in Superior Court, Penobscot County. Green claims that the presiding justice’s refusal to permit testimony attacking the reputation for truthfulness of a State’s witness, on the grounds that the proferred evidence was too remote, was an abuse of discretion requiring a reversal of his convictions.

It is a basic rule that the balancing of the probative value of evidence against its unfairly prejudicial effect rests within the sound discretion of the presiding justice. M.R.Evid. 403; State v. Lagasse, 410 A.2d 537, 541 (Me.1980). The record on appeal fails to convince us that the presiding justice’s ruling constituted an abuse of discretion.

The entry is:

Judgment affirmed.

All concurring.  