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PEOPLE v. DAVIS

6261, 961/08

90 A.D.3d 461 (2011)

934 N.Y.S.2d 150

2011 NY Slip Op 8827

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENT DAVIS, Appellant.

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

Decided December 8, 2011.

The court properly precluded defendant's psychiatric expert witness from expressing an opinion on defendant's intent. The expert's proposed testimony had no genuine bearing on whether defendant acted intentionally within the meaning of Penal Law § 15.05 (1), and it would not have helped to clarify an issue calling for professional or technical knowledge beyond the knowledge of the jurors (see People v Cronin, 60 N.Y.2d 430,...

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