PEOPLE v. MONTALVO


249 A.D.2d 203 (1998)

671 N.Y.S.2d 267

The People of the State of New York, Respondent, v. Jose Montalvo, Appellant

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

April 28, 1998


The court properly refused defendant's request to qualify a backup officer as an expert witness. Defendant's offer of proof did not establish that the proposed expert testimony required "`professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror'" (People v Taylor, 75 N.Y.2d 277, 288).

Defendant's challenge to the imposition of the mandatory surcharge was not raised before the trial...

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