Legal Opinion

People v. West

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 2011PublishedCited by 21 opinions

1Opinion of the Court

The defendant’s contention that the trial court erred in permitting opinion testimony from a homicide and forensic consultant without qualifying him as an expert is without merit. A trial court is not required to formally declare or certify a witness to be an expert (see People v Prowse, 60 AD3d 703, 704 *584[2009]; People v Jean-Laurent, 51 AD3d 818, 818-819 [2008]; People v Wagner, 27 AD3d 671, 672 [2006]). Further, contrary to the defendant’s contention, the witness’s testimony was not within the common knowledge or experience of the average layperson, and did not invade the province of the…

2Cases cited33 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. MateoNew York Court of Appeals · 2004
  5. People v. RomeroNew York Court of Appeals · 2006

28 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. People v. HerbAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. StewartAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. KingAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. FloydAppellate Division of the Supreme Court of the State of New York · 2012

16 more not listed; retrieve them via the Exa API.

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