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PEOPLE v. DAVIS

209 A.D.2d 954 (1994)

620 N.Y.S.2d 20

The People of the State of New York, Respondent, v. Dallas Desmond Davis, Appellant

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

November 16, 1994

Judgment unanimously affirmed.

Memorandum:

Defendant was convicted, following a bench trial, of murder in the second degree (Penal Law § 125.25 [1]). He contends that the court erred in admitting the opinion of an emergency medical technician (EMT) regarding the time of death of the victim. We agree that the EMT lacked the necessary qualifications to render an expert opinion with respect to the time of death based on the presence of rigor mortis (see...

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