People v. Stenson

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [3]) and other crimes, defendant contends that County Court erred in denying his request to of*965fer expert testimony concerning the effect of cocaine on the victim. The record contains no evidence that the victim was “exhibiting aberrant behavior sufficient to cause fear and to warrant a forceful response” (People v Chevalier, 220 AD2d 114, 117, affd 89 NY2d 1050). Indeed, defendant testified that, once he pointed the gun at the victim, the…