From Casetext: Smarter Legal Research

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 376 (N.Y. App. Div. 1997)

Opinion

March 10, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 25, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Before: Ritter, J.P., Thompson, Friedmann and McGinity, JJ.


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.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 376 (N.Y. App. Div. 1997)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRANT GORDON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 10, 1997

Citations

237 A.D.2d 376 (N.Y. App. Div. 1997)
655 N.Y.S.2d 61

Citing Cases

People v. Wade

Here, evidence of allegations of misconduct against the two officers who were primarily involved in the…

People v. Seeley

A due process violation exists when the prosecution suppresses evidence that is favorable and material to the…