PEOPLE v. GORDON (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.

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[1];  see also, People v. Rudd, 196 A.D.2d 666, 667, 601 N.Y.S.2d 933).   Moreover, since the defendant had knowledge of the statements, they did not constitute Brady material (see, People v. Rodriguez, 223 A.D.2d 605, 606, 637 N.Y.S.2d 171;  People v. Buxton, 189 A.D.2d 996, 997, 593 N.Y.S.2d 87;  see also, People v. Fein, 18 N.Y.2d 162, 272 N.Y.S.2d 753, 219 N.E.2d 274).

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 N.Y.2d 469, 568 N.Y.S.2d 721, 570 N.E.2d 1070;  People v. Patti, 229 A.D.2d 506, 646 N.Y.S.2d 133;  People v. Miranda, 213 A.D.2d 560, 624 N.Y.S.2d 436).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

MEMORANDUM BY THE COURT.