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PEOPLE v. JOHNSON

239 A.D.2d 123 (1997)

657 N.Y.S.2d 36

The People of the State of New York, Respondent, v. Jeffrey Johnson, Appellant

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

May 1, 1997

The court properly permitted a police witness to testify that defendant changed direction upon making "eye-to-eye contact" with the witness. Rather than expressing an opinion or describing defendant's mental operations, the use of that phrase was necessary for the purpose of accurately describing the officer's actual observations (see, People v Hackett, 228 A.D.2d 377, lv denied 88 N.Y.2d 986).

Even assuming...

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