People v. Diehl

Appellate Division of the Supreme Court of New York

People v. Diehl

6 A.D.3d 455, 773 N.Y.S.2d 890

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 5, 2004

StatusPublished

Cited by1 cases

This text of 6 A.D.3d 455 (People v. Diehl) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Diehl, 6 A.D.3d 455, 773 N.Y.S.2d 890 (N.Y. Ct. App. 2004).

Pincite

Opinion

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]).

The defendant’s remaining contention is without merit. Altman, J.P., S. Miller, Krausman and Cozier, JJ., concur.

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