PEOPLE v. McCART


157 A.D.2d 194 (1990)

The People of the State of New York, Respondent, v. John L. McCart, Appellant

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

May 11, 1990


Attorney(s) appearing for the Case

Joel L. Daniels (Rosemarie A. Wyman of counsel), for appellant.

Theodore E. Wiggins, Jr., District Attorney, for respondent.

CALLAHAN, DENMAN, BALIO and DAVIS, JJ., concur.


DILLON, P. J.

At trial on an indictment charging manslaughter in the second degree (Penal Law § 125.15 [1]), the jury found defendant guilty of the lesser included offense of criminally negligent homicide (Penal Law § 125.10). The judgment of conviction must be reversed and the indictment dismissed because the prosecutor was allowed to elicit expert testimony which impermissibly intruded upon the province...

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