People v. Days — 31 A.D.3d 574

Majority

p. 574

The People of the State of New York, Respondent, v Selwyn Days, Appellant.

[817 NYS2d 535]

Appeal by the defendant from a judgment of the County Court, Westchester County (Adler, J.), rendered June 21, 2004, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court properly admitted into evidence a transcript of testimony given by a prosecution witness at the first trial in this matter (see CPL 670.10 [1]; People v Diaz, 97 NY2d 109 , 117 [2001]; People

p. 575

v Arroyo, 54 NY2d 567 , 574 [1982], cert denied 456 US 979 [1982]; People v Simmons, 36 NY2d 126 , 130 [1975]).

The trial court providently exercised its discretion in precluding expert testimony as to the defendant’s susceptibility to police interrogation techniques (see People v Lee, 96 NY2d 157 , 162 [2001]; People v Cronin, 60 NY2d 430 , 433 [1983]; People v Koury, 268 AD2d 896 [2000]; People v Green, 250 AD2d 143 [1998]; People v Bajraktari, 154 AD2d 542 [1989]; People v Lea, 144 AD2d 863 [1988]).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Schmidt, J.P., Santucci, Luciano and Rivera, JJ., concur.

Cases cited

People v. Diaz 97 NY2d 109 N.Y. 2001-11-20 at 117 p. 574
People v. Arroyo 54 NY2d 567 N.Y. 1982-01-19 at 574 p. 575
People v. Simmons 36 NY2d 126 N.Y. 1975-02-19 at 130 p. 575
People v. Lee 96 NY2d 157 N.Y. 2001-05-08 at 162 p. 575
People v. Cronin 60 NY2d 430 N.Y. 1983-11-01 at 433 p. 575
People v. Koury 268 AD2d 896 N.Y. App. Div. 2000-01-27 p. 575
People v. Green 250 AD2d 143 N.Y. App. Div. 1998-12-24 p. 575
People v. Bajraktari 154 AD2d 542 N.Y. App. Div. 1989-10-16 p. 575
People v. Lea 144 AD2d 863 N.Y. App. Div. 1988-11-23 p. 575