Opinion
May 26, 1998
Appeal from the Supreme Court, Bronx County (Frank Torres, J.).
Defendants challenges to the admission of certain expert and medical testimony are unpreserved for lack of specific objection ( see, People v. Tevaha, 84 N.Y.2d 879), and we decline to review them in the interest of justice. Were we to review these claims, we would find that expert testimony regarding child sexual abuse syndrome was not admitted to prove that defendant committed the crimes charged, but rather to explain the delayed disclosure by the two young victims and to help the jury understand why one of the victims falsely claimed that she had been raped by a stranger the day after she was raped by this defendant, who was her stepfather ( see, People v. Grant, 241 A.D.2d 340, lv denied 90 N.Y.2d 1011; People v. Maymi, 198 A.D.2d 153, lv denied 82 N.Y.2d 927). We find that the sexual abuse experts testimony did not present any improper statistical evidence ( see, People v. Taylor, 75 N.Y.2d 277) and that the pediatricians testimony was admissible "to establish how a child could be raped without suffering physical injury" ( People v. Smith, 202 A.D.2d 366). Defendants remaining contentions concerning the expert witnesses are without merit.
Defendant opened the door to uncharged crimes evidence by raising credibility issues during his cross-examination of one of the victims with respect to her failure to call out to her mother or brother who were sleeping nearby while she was being raped in the bathroom, and by introducing the witness Grand Jury testimony that mentioned prior uncharged crimes ( People v. McIver, 245 A.D.2d 180).
Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.