PEOPLE v. BENJAMIN


204 A.D.2d 996 (1994)

612 N.Y.S.2d 517

The People of the State of New York, Respondent, v. Tricia Anne Benjamin, Appellant

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

May 27, 1994


Judgment unanimously affirmed.

Memorandum:

The court properly permitted expert medical testimony that the victim died from injuries consistent with shaken-baby syndrome and that his injuries were intentionally inflicted. Indeed, defendant herself testified that she intentionally committed the acts that resulted in the fractures. The expert did not address defendant's awareness of the risk of death, the ultimate issue for the jury (see, People v Smith...

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