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PEOPLE v. SEYMORE

3815, 3792/06

79 A.D.3d 477 (2010)

912 N.Y.S.2d 51

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER SEYMORE, Appellant.

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

Decided December 7, 2010.

The court properly exercised its discretion in permitting a witness with expertise in boxing to testify that if a person held a heavy object while striking a blow, the power of the blow would be enhanced (see generally People v Cronin, 60 N.Y.2d 430, 433 [1983]). At trial it was undisputed that defendant struck the victim once in the eye, causing the loss of the eye. Defendant was charged with first-degree assault under the...

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