People v. Davis

—Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a bench trial, of murder in the second degree (Penal Law § 125.25 [1]). He contends that the court erred in admitting the opinion of an emergency medical technician (EMT) regarding the time of death of the victim. We agree that the EMT lacked the necessary qualifications to render an expert opinion with respect to the time of death based on the presence of rigor mortis (see, Matott v Ward, 48 NY2d 455, 459; People v Barrett, 189 AD2d 879). The admission of that testimony, however, is harmless error (see, People v…