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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v GREGORY ALAN RUDOLPH, Defendant-Appellant.

UNPUBLISHED March 2, 2010

No. 287418 Kent Circuit Court LC No. 07-003362-FC

Before: Stephens, P.J., and Gleicher and M.J. Kelly, JJ. PER CURIAM. A jury convicted defendant of first-degree premeditated murder, MCL 750.316(1)(a), and possession of a firearm during the commission of a felony, MCL 750.227b. The trial court sentenced defendant to life imprisonment without parole for the murder conviction and a consecutive two-year term of imprisonment for the felony-firearm conviction. Defendant appeals as of right. We affirm. Defendant challenges on appeal only the trial court's ruling to exclude expert psychological testimony that he contends would have had relevance toward proving his provocation at the time of the victim's shooting, thus reducing his culpability for the shooting. Defendant insists that the trial court's refusal to admit his proffered expert testimony deprived him of his constitutional right to present a defense. We review for an abuse of discretion a trial court's decision whether to admit expert testimony. People v Smith, 425 Mich 98, 105-106; 387 NW2d 814 (1986). "This Court . . . reviews de novo the constitutional question whether a defendant was denied h[is] constitutional right to present a defense." People v Kurr, 253 Mich App 317, 327; 654 NW2d 651 (2002). A defendant has a right under the state and federal constitutions, Const 1963, art 1,

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