MATTER OF STATE OF NEW YORK v. POWELL

7142, 7143, 30013/10.

93 A.D.3d 539 (2012)

939 N.Y.S.2d 858

2012 NY Slip Op 2057

In the Matter of STATE OF NEW YORK, Respondent, v. BOBBY POWELL, Appellant.

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

Decided March 20, 2012.


Respondent was not deprived of due process, and a new trial is not warranted in the interests of justice. Although petitioner's psychologist provided erroneous testimony regarding respondent's score on the Static-99 risk assessment instrument, there was other overwhelming evidence of mental abnormality presented at trial, including the admission of respondent's own expert that respondent was predisposed to commit...

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