Borden v. Brady

Yesawich, Jr., J.,

concurs in the following memorandum. Yesawich, Jr., J.

(concurring). I concur in the result reached, but disagree with the majority’s view of the state of the law respecting the extent to which an expert’s opinion may be predicated on hearsay. In a marked departure from the traditional rule that expert opinion testimony must be based on material in evidence (see People v Keough, 276 NY 141, 146), the Court of Appeals in People v Sugden (35 NY2d 453, 460) declared that a medical expert “may rely on material, albeit of out-of-court origin, if it is of a kind accepted in the…