Favicchio v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

CPLR 4515 provides that an expert witness “may state his opinion and reasons without first specifying the data upon *213which it is based.” Case law holds further that such testimony is not defective even if the underlying analysis is not provided on direct examination. The issues before us now, which are apparently ones of first impression, are: (1) does this evidentiary rule apply to a late claim motion; and (2) does a physician’s affidavit which opines that there has been a departure from good and accepted medical practice, without elaborating or…