People v. McCart
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
At trial on an indictment charging manslaughter in the second degree (Penal Law § 125.15 [1]), the jury found defendant guilty of the lesser included offense of criminally negligent homicide (Penal Law § 125.10). The judgment of conviction must be reversed and the indictment dismissed because the prosecutor was allowed to elicit expert testimony which impermissibly intruded upon the province of the jury on the issue whether defendant’s conduct caused the victim’s death. On this record, we cannot say that the error was harmless.
On June 10, 1988 the defendant…
2Cases cited9 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- People v. CableNew York Court of Appeals · 1984
- People v. CroninNew York Court of Appeals · 1983
- People v. KibbeNew York Court of Appeals · 1974
- People v. StewartNew York Court of Appeals · 1976
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3Cited by13 opinions
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