Opinion
December 15, 1992
Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).
The infant who accused defendant of sexually molesting her on several occasions over the course of several months lived with her mother and defendant during the relevant time period. At trial, defendant offered confidential psychiatric records concerning the mother's auditory hallucinations, which were properly excluded on the ground that the mother was not a witness to any of the incidents in question and provided evidence of only marginal relevance. Defendant's theory — that the mother, under the influence of hallucinations, persuaded her daughter to fabricate charges against him — was speculative and conjectural, and not supported by the records he sought to introduce, which showed no reasonable connection between the mother's psychiatric history and any of the facts in issue (see, People v Hernandez, 163 A.D.2d 159, lv denied 76 N.Y.2d 893). We have considered defendant's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Carro, Rosenberger, Asch and Kassal, JJ.