From Casetext: Smarter Legal Research

People v. Rojas

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 439 (N.Y. App. Div. 1997)

Opinion

June 2, 1997

Appeal from the County Court, Westchester County (West, J.).


Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in permitting the medical examiner to express an opinion regarding the possible number of assailants involved in the murder (see, People v. Hill, 85 N.Y.2d 256, 261). It is well settled that an "`expert opinion is proper when it would help to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror'" (People v. Taylor, 75 N.Y.2d 277, 288, quoting De Long v. County of Erie, 60 N.Y.2d 296, 307; see, People v. Hill, supra, at 261).

Contrary to the defendant's contention, the court's circumstantial evidence charge adequately conveyed to the jury the principle that the evidence had to exclude beyond a reasonable doubt every hypothesis of innocence (see, People v. Ford, 66 N.Y.2d 428; see also, People v. Sanchez, 61 N.Y.2d 1022; People v Rodriguez, 232 A.D.2d 662).

Under the circumstances of this case, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

Joy, J.P., Goldstein, Florio and Luciano, JJ., concur.


Summaries of

People v. Rojas

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 439 (N.Y. App. Div. 1997)
Case details for

People v. Rojas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL ROJAS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 2, 1997

Citations

240 A.D.2d 439 (N.Y. App. Div. 1997)
658 N.Y.S.2d 104

Citing Cases

People v. McDonald

Following the issuance of an order of protection ordering the defendant to stay away from Gelder's home, the…

People v. Davis

Contrary to the defendant's contention, the jury instructions adequately informed the jury of the appropriate…