People v. Irizarry
| Decision Date | 14 July 1997 |
| Citation | 662 N.Y.S.2d 437,90 N.Y.2d 894 |
| Parties | , 685 N.E.2d 218 People v. Joseph Irizarry |
| Court | New York Court of Appeals Court of Appeals |
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4 cases
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People v. Demagall
... ... Tillman, 260 A.D.2d at 657, 688 N.Y.S.2d 276, quoting People v. Enchautegui, 156 A.D.2d 461, 461, 548 N.Y.S.2d 567 [1989], lv. denied 76 N.Y.2d 787, 559 N.Y.S.2d 992, 559 N.E.2d 686 [1990]; see People v. Irizarry, 238 A.D.2d 940, 941, 661 N.Y.S.2d 147 [1997], lv. denied 90 N.Y.2d 894, 662 N.Y.S.2d 437, 685 N.E.2d 218 [1997]; People v. Justice, 173 A.D.2d 144, 146, 579 N.Y.S.2d 502 [1991]; People v. Mainville, 59 A.D.2d 809, 809–810, 398 N.Y.S.2d 1012 [1977] ). Turning to the evidence ... ...
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People v. Jones
... ... denied 83 N.Y.2d 849, 612 N.Y.S.2d 381, 634 N.E.2d 982). Where, as here, there was conflicting expert evidence concerning criminal responsibility, the jury was free to accept or reject in whole or in part the opinion of any expert (see, People v. Irizarry, 238 A.D.2d 940, 941, 661 N.Y.S.2d 147, lv. denied 90 N.Y.2d 894, 662 N.Y.S.2d 437, 685 N.E.2d 218; People v. Smith, 217 A.D.2d 221, 234-235, 635 N.Y.S.2d 824, lv. denied 87 N.Y.2d 977, 642 N.Y.S.2d 207, 664 N.E.2d 1270). Thus, contrary to the contention of defendant, the verdict rejecting his ... ...
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People v. Hershey
...least in the absence of a serious flaw in the expert's testimony” ( People v. Irizarry, 238 A.D.2d 940, 941, 661 N.Y.S.2d 147, lv. denied 90 N.Y.2d 894, 662 N.Y.S.2d 437, 685 N.E.2d 218 [internal quotation marks omitted] ). We further conclude that County Court properly allowed the prosecut......
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People v. Amin
... ... Where, as here, there was conflicting expert testimony on the issue of defendant's mental condition, the determination of the trier of fact to accept or reject the opinion of an expert, in whole or in part, is entitled to deference (see People v Irizarry, 238 A.D.2d 940, 941, lv denied 90 N.Y.2d 894; see also People v Law, 273 A.D.2d 897, 898, lv denied 95 N.Y.2d 965; People v Jones, 261 A.D.2d 920, 920, lv denied 93 N.Y.2d 972) ... The evidence that the victim had a blackened and swollen eye that throbbed for several days and a gash above her eye ... ...