Submitted by Wendy Evans Lehmann, for Appellant
Submitted by James Eckert, for Respondent
MEMORANDUM:
The Appellate Division order should be affirmed.
The People raised for the first time at the Appellate Division the specific argument that further neurological testing was not necessary to prove a justification defense. Because this argument is unpreserved, the Appellate Division's conclusion that Cou nty Court abused its discretion in denying authorization for further neurological testing is not reviewable in this Court (see People v Dodt, 61 NY2d 408, 416). Because this unreviewable ruling forms an independent ground for reversal of the judgm ent of conviction, and because the results of the further neurological evaluation are unknown, we do not reach the question whether County Court abused its discretion in limiting the scope of expert testimony.
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.