Opinion
2014-07-16
The PEOPLE, etc., respondent, v. Wilbur WRIGHT, appellant.
Matthew Muraskin, Port Jefferson, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Matthew Muraskin, Port Jefferson, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered April 6, 2012, convicting him of predatory sexual assault against a child and use of a child in a sexual performance, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's arguments regarding a videotape that was admitted into evidence and played for the jury are without merit. The County Court did not improvidently exercise its discretion in admitting the videotape into evidence ( see People v. Addison, 107 A.D.3d 730, 730–731, 966 N.Y.S.2d 217;see generally People v. Patterson, 93 N.Y.2d 80, 84, 688 N.Y.S.2d 101, 710 N.E.2d 665). The playing of the videotape did not improperly bolster any testimony ( see generally People v. Buie, 86 N.Y.2d 501, 509–510, 634 N.Y.S.2d 415, 658 N.E.2d 192). Further, under the circumstances, the court did not deny the defendant his right to confront the victim when it precluded the defendant from playing the videotape while cross-examining her ( see People v. King, 110 A.D.3d 1100, 1101, 973 N.Y.S.2d 923;People v. Castellanos, 65 A.D.3d 555, 557, 884 N.Y.S.2d 126; People v. Knudsen, 34 A.D.3d 496, 497, 823 N.Y.S.2d 530).
The County Court did not improvidently exercise its discretion in permitting the People to call a psychologist to give certain testimony. That testimony explained behavior of sexual abuse victims that jurors might not be expected to understand ( see People v. Persaud, 98 A.D.3d 527, 528, 949 N.Y.S.2d 431).
The defendant's remaining contentions are without merit. BALKIN, J.P., LEVENTHAL, MALTESE and LaSALLE, JJ., concur.