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PEOPLE v. DIEHL
Appellate Division of the Supreme Court of New York, Second Department.
Apr 5, 2004
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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.
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