BRODERICK, J.
The defendant, Kelsey A. Martin, was convicted of aggravated felonious sexual assault. See RSA 632-A:2 (1996). On appeal, he argues that the Superior Court (Gray, J.) erred in denying his motion to depose the victim's physician, who testified at trial. The defendant also argues, among other things, that the trial court failed to properly apply the standard of State v. Gagne,
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