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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRANT GORDON, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the court properly admitted into evidence, on the People's rebuttal case, the testimony of a forensic psychiatrist, who recounted certain out-of-court statements made to him by the defendant's cousin. Inasmuch as the cousin's statements formed a basis of the expert's professional opinion, the testimony was permissibly received into evidence ( see, CPL 60.55; see also, People v Rudd, 196 AD2d 666, 667). Moreover, since the defendant had knowledge of the statements, they did not constitute Brady material ( see, People v Rodriguez, 223 AD2d 605, 606; People v Buxton, 189 AD2d 996, 997; see also, People v Fein, 18 NY2d 162).

The defendant's contention that he was deprived of his right to be present at a material stage of the trial is without merit ( see, People v Velasco, 77 NY2d 469; People v Patti, 229 AD2d 506; People v Miranda, 213 AD2d 560).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

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PEOPLE v. GORDON
(Mar 10, 1997)