Opinion
Submitted September 16, 1999
November 1, 1999
Schwed Zucker, Kew Gardens, N.Y. (David Zucker of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Laura B. Schneider, Alyson J. Gill, and Patricia M. Theodorou of counsel), for respondent.
FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, NANCY E. SMITH, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered January 6, 1997, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and menacing in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
As a rebuttal witness, the People presented a psychiatrist who testified, inter alia, about a statement contained in a police report by an individual who alleged that the defendant had told him that he "clapped" the victim because the victim "disrespected" him. The defendant contends that this statement was hearsay and its admission deprived him of his right to a fair trial. However, "hearsay testimony given by an expert * * * for the limited purpose of informing the jury of the basis of the expert's opinion and not for the truth of the matters related" is admissible (see,People v. Campbell, 197 A.D.2d 930, 932-933 ). Therefore, the defendant's contention lacks merit.
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions, including those in his supplemental pro se brief, are without merit (see, People v. Benevento, 91 N.Y.2d 708, 712 ; People v. Baldi, 54 N.Y.2d 137, 147 ).
SANTUCCI, J.P., THOMPSON, SULLIVAN, and SMITH, JJ., concur.