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People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 2000
270 A.D.2d 191 (N.Y. App. Div. 2000)

Opinion

March 28, 2000.

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered May 17, 1996, convicting defendant, after a jury trial of rape in the first degree (two counts) and endangering the welfare of a child, and sentencing him to concurrent terms of 8_ to 25 years, 8 to 25 years and 1 year, respectively, unanimously affirmed.

Kenneth C. Rudd for respondent.

David B. Perlmutter for defendant-appellant.

NARDELLI, J.P., MAZZARELLI, LERNER, FRIEDMAN, JJ.


By failing to object, or by making only generalized objections, defendant failed to preserve his present challenges to the People's expert testimony on child sexual abuse syndrome and we decline to review them in the interest of justice. Were we to review defendant's claims, we would find that the court properly exercised its discretion in permitting expert testimony on this subject to explain the reactions of a six-year-old victim of sexual abuse, a matter beyond the ken of a typical juror, and that the evidence was responsive to issues raised by the defense (see,People v. Taylor, 75 N.Y.2d 277; People v. Cintron, 75 N.Y.2d 249, 267;People v. Rodriguez, 261 A.D.2d 155, lv denied 94 N.Y.2d 828 [Nov 1, 1999], 1999 N.Y. LEXIS 4296).

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


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 2000
270 A.D.2d 191 (N.Y. App. Div. 2000)
Case details for

People v. Reyes

Case Details

Full title:The People of the State of New York, Respondent, v. Victor Manuel Reyes…

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

Date published: Mar 28, 2000

Citations

270 A.D.2d 191 (N.Y. App. Div. 2000)
706 N.Y.S.2d 624