AD4 order dated July 8, 2012, modifying judgment of conviction. Decision below: 96 A.D.3d 1482, 946 N.Y.S.2d 745. Read, J., granted leave September 12, 2012.

ISSUE PRESENTED: Whether the trial court’s rulings curtailing cross-examination of two People’s witnesses deprived the defendant of a fair trial. (Assigned counsel: David C. Schopp, Legal Aid Bureau of Buffalo, Inc., 237 Main Street, Suite 1602, Buffalo, NY 14203.)

Issue before the Court: Whether the defense was improperly precluded from cross-examining a doctor regarding the basis for the doctor’s assessment of the defendant’s capacity for appreciating his conduct.

Held: Distinguishing the case from People v. Goldstein, 6 N.Y.3d 119 (2005), the Court unanimously held that the doctor here did not introduce any hearsay statements and therefore her testimony did not implicate the Confrontation Clause.