People v. Deida

199 A.D.2d 131, 605 N.Y.S.2d 74, 1993 N.Y. App. Div. LEXIS 12027

Opinion

Judgment, Supreme Court, New York County (Stephen Crane, J.), rendered March 26, 1991, convicting defendant, upon a jury verdict, of sexual abuse in the second degree and endangering the welfare of a child, and sentencing him to a definite term of four months of intermittent incarceration and a concurrent three year term of probation, respectively, unanimously affirmed.

Defense counsel entered into a stipulation rather than risk the consequences of a negative determination on evidence considered to be detrimental to the defense. Therefore, it cannot be said that the trial court forced defendant into a stipulation waiving his rights to cross-examine the social worker. Defendant’s case-in-chief also opened the door to possible rebuttal testimony concerning his past medical records, including the reasons why he was readmitted to the hospital (cf., People v Bagarozy, 132 AD2d 225, 237), and therefore, the stipulation was a reasonable choice. Defendant’s claim that a proper foundation was never laid as to the social worker’s qualifications as an expert is unpreserved for appellate review (CPL 470.05 [2]) and meritless. Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Kassal, JJ.