Opinion
February 9, 1998
Appeal from the County Court, Putnam County (Sweeny, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that it was reversible error to admit the testimony of several of his former patients ( see, CPL 470.05; People v. Washington, 169 A.D.2d 795). In any event, the contention is without merit because the challenged testimony was relevant to prove the defendant's intent ( see, People v. Webb, 203 A.D.2d 606) and to negate the defense of mistake or accident ( see, People v. Molineux, 168 N.Y. 264, 291-293; Richardson, Evidence §§ 170, 172 [Prince 10th ed]).
Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15). Furthermore, the sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
Mangano, P.J., Joy, Altman and Luciano, JJ., concur.