PEOPLE v. SMITH


153 A.D.2d 995 (1989)

The People of the State of New York, Respondent, v. Richard L. Smith, Sr., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 28, 1989


Kane, J.

Seeking reversal of his conviction, defendant contends that (1) County Court erred when it permitted a psychotherapist to testify on behalf of the prosecution with regard to the behavior of sexually abused children without ever interviewing the victim of the alleged abuse, (2) it was improper to permit the People to amend the indictment to conform to the proof as to the date of the alleged crime, and (3) the evidence was, as a matter of law,...

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