PEOPLE v. COAKLEY

2802, 1724/06

73 A.D.3d 565 (2010)

900 N.Y.S.2d 643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT COAKLEY, Appellant.

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

Decided May 18, 2010.


The prosecutor referred in summation to evidence, received without objection, that the defense expert had been compensated for his testimony (see Zimmer v Third Ave. R.R. Co., 36 App Div 273 [1899]). Although "[s]howing that an expert witness is testifying for a fee is a standard impeachment technique" (see Martin, Capra and Rossi, New York Evidence Handbook § 6.6, at 474 [2d ed]), defendant argues on appeal that this comment unconstitutionally burdened...

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