Opinion
2002-01049.
Decided April 5, 2004.
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.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Adam Seiden, Mount Vernon, N.Y., for appellant.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, BARRY A. COZIER, JJ.
DECISION ORDER
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 N.Y.2d 351, 357).
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 N.Y.2d 249, 267; People v. Garcia, 205 A.D.2d 554, 555; People v. Henderson, 156 A.D.2d 92, 102).
The defendant's remaining contention is without merit.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.