From Casetext: Smarter Legal Research

People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 1998
248 A.D.2d 118 (N.Y. App. Div. 1998)

Opinion

March 3, 1998

Appeal from the Supreme Court, New York County (Bonnie Wittner, J.).


The testimony of the People's physician witness was properly admitted as expert evidence, since the People elicited, and the court accepted, the doctor's medical experience and professional credentials. There is no requirement that a trial court formally "`certify'" a witness as an expert ( People v. Gordon, 202 A.D.2d 166, 167, lv denied 83 N.Y.2d 911). Defendant's contention that the court impermissibly delegated to the jurors the task of determining whether the witness was an expert was not preserved for appellate review. Were we to review it in the interest of justice, we would find that defendant has failed to demonstrate that he was prejudiced in any way by the challenged portion of the court's jury charge.

We have considered defendant's remaining contention and find it to be both unpreserved and without merit.

Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 1998
248 A.D.2d 118 (N.Y. App. Div. 1998)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA WILLIAMS…

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

Date published: Mar 3, 1998

Citations

248 A.D.2d 118 (N.Y. App. Div. 1998)
669 N.Y.S.2d 807

Citing Cases

People v. Highsmith

In any event, the contention lacks merit. There is no requirement that the court formally certify a witness…

Matter of Kaitlyn "R"

In our view, the Child Protective Unit caseworker's testimony and notes relating Michael's statements that…