People v Diehl |
2004 NY Slip Op 02596 [6 AD3d 455] |
April 5, 2004 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Edward Diehl, Appellant. |
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Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered December 12, 2001, convicting him of engaging in a course of sexual conduct against a child in the second degree, sexual abuse in the second degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court properly precluded the defendant from introducing evidence of third-party culpability since the proffered evidence was based on mere speculation and lacked any probative value (see People v Primo, 96 NY2d 351, 357 [2001]).
Furthermore, the trial court properly exercised its discretion in allowing expert testimony on the subject of child sexual abuse syndrome (see People v Cintron, 75 NY2d 249, 267 [1990]; People v Garcia, 205 AD2d 554, 555 [1994]; People v Henderson, 156 AD2d 92, 102 [1990]). [*2]
The defendant's remaining contention is without merit. Altman, J.P., S. Miller, Krausman and Cozier, JJ., concur.