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People v. Bryant

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2000
278 A.D.2d 7 (N.Y. App. Div. 2000)

Summary

holding trial court properly excluded expert testimony regarding battered women's syndrome where proponent made no offer of proof regarding the testimony

Summary of this case from State v. Lacey

Opinion

December 5, 2000.

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 13, 1996, convicting defendant, after a jury trial, of murder in the second degree, and sentencing her to a term of 25 years to life, unanimously affirmed.

Karen Swiger, for respondent.

Melissa M. Beck, for defendant-appellant.

Before: Sullivan, P.J., Rosenberger, Nardelli, Tom, Lerner, JJ.


The court did not improvidently exercise its discretion in denying the defense application to call an expert witness on battered women's syndrome on the ground that, under all the circumstances, defendant did not lay a sufficient foundation (see, People v. Cronin, 60 N.Y.2d 430;People v. Diaz, 51 N.Y.2d 841) or make an adequate offer of proof. We note that there was overwhelming evidence that defendant personally inflicted vicious abuse and severe injuries upon the deceased, her four-year-old child, entirely of her own volition and ill-will toward the child, and that the purported abuser, defendant's husband, was not even present during some of this abuse. The People's theory that defendant failed to protect the child from abuse by defendant's husband was only a minor component of the case.

The court's participation in the examination of witnesses was within reasonable limits and did not deprive defendant of a fair trial (see,People v. Moulton, 43 N.Y.2d 944; People v. Gonzalez, 228 A.D.2d 340, lv denied 88 N.Y.2d 1021). Defendant's challenges to the court's charge do not warrant reversal since the charge as a whole conveyed the proper standards (see,People v. Coleman, 70 N.Y.2d 817).

We perceive no basis for reduction of sentence. The court's Biblical reference during sentence does not establish that sentencing was based on improper criteria.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Bryant

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2000
278 A.D.2d 7 (N.Y. App. Div. 2000)

holding trial court properly excluded expert testimony regarding battered women's syndrome where proponent made no offer of proof regarding the testimony

Summary of this case from State v. Lacey

In People v. Bryant, 278 A.D.2d 7 (1st Dept 2000), for example, the Court held it was not error for the trial court to refuse to allow expert BWS testimony where the Defendant was accused of injuring her four-year-old child and the Defendant's purported abuser, her husband, was not present when the crime occurred.

Summary of this case from People v. Neathway
Case details for

People v. Bryant

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHERAIN BRYANT…

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

Date published: Dec 5, 2000

Citations

278 A.D.2d 7 (N.Y. App. Div. 2000)
717 N.Y.S.2d 136

Citing Cases

State v. Lacey

Accordingly, we hold that Lacey failed to preserve error on the matter. SeeState v. Leedom , 938 N.W.2d 177,…

People v. Neathway

Courts have also refused to admit expert BWS testimony in cases where self-defense was not at issue. In…