PEOPLE v. ALBIZU


294 A.D.2d 205 (2002)

743 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR ALBIZU, Appellant.

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

Decided May 16, 2002.


In this case where a critical issue was whether defendant struck the victim with a two-by-four, as claimed by the victim, or with his fist, as conceded by defendant, the court properly exercised its discretion in permitting the treating emergency room physician to testify that the injuries were caused by a flat, heavy object with at least one sharp edge, and that the object could have been a two-by-four. This testimony concerning causation was helpful to the jury in a matter...

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