People v. Weinfeld

Order unanimously reversed, on the law, and indictment reinstated. Memorandum: As an expert in the field of podiatry, the People’s expert was qualified to give testimony as to the time sequence involved in the progress and repetitiveness of ingrown toenails. He eliminated the possibility of their recurrence and presence at such intervals as the defendant’s various claims represented, following his own examination of the patients on June 2, 1975. A treatment necessarily requires a condition to be treated and the absence of such a condition, in this case ingrown toenails, established the false…