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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE LEMANSKI, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant was convicted of 13 counts of a 29-count indictment charging him with rape, sodomy, sexual abuse and endangering the welfare of the minor daughter of his ex-wife. There is no merit to the contention of defendant that he was deprived of his right to a fair trial by references to uncharged acts of misconduct. The evidence complained of was properly admitted in support of the child endangerment count of the indictment ( see, People v Keindl, 68 N.Y.2d 410, 421-422).

There is likewise no merit to the contention of defendant that County Court erred in admitting expert testimony on child sexual abuse syndrome ( see, People v. Bennett, 79 N.Y.2d 464, 471; People v. DeLong, 206 A.D.2d 914, 915). Such testimony is admissible to show that a victim's conduct is consistent with that syndrome ( People v. Taylor, 75 N.Y.2d 277, 285-288). Aiding the jurors to appreciate and understand matters beyond the knowledge of the average juror is the purpose of expert testimony.

Defendant was not deprived of his right to a fair trial by the court's evidentiary rulings. The court did not abuse its discretion in concluding that the evidence in question was neither relevant nor admissible ( see, People v. Davis, 43 N.Y.2d 17, 27, cert denied 435 U.S. 998; People v. Glogowski, 174 A.D.2d 1039, 1040, lv denied 79 N.Y.2d 857).

We have reviewed defendant's remaining contentions and conclude that they are without merit.

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PEOPLE v. LEMANSKI
(Jul 14, 1995)