Summary
In People v Duell (163 AD2d 866 [4th Dept 1990]), the Supreme Court reversed the judgment of conviction because the trial court permitted expert testimony of "Child Abuse Accommodation Syndrome" for the purpose of proving that the child was sexually abused.
Summary of this case from People v. CoulterOpinion
July 13, 1990
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Dillon, P.J., Doerr, Boomer, Lawton and Davis, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: The judgment must be reversed because the court permitted expert testimony of child sexual abuse accommodation syndrome for the purpose of proving that the child was sexually abused (see, People v. Bowker, 203 Cal.App.3d 385, 249 Cal.Rptr. 886; cf., People v. Banks, 75 N.Y.2d 277). Because there will be a new trial, we note that the court, in its Sandoval ruling, should have precluded the prosecutor from using, on cross-examination, defendant's conviction for possession of child pornographic material. The probative value of that conviction on the question of defendant's credibility is outweighed by the prejudice to defendant in suggesting to the jury that defendant had a propensity to commit the offense of sexual abuse of a child.