People v. Seeley

• Decision Date: 22 November 2000
• Citation: 720 N.Y.S.2d 315,186 Misc.2d 715
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,<BR>v.<BR>VALERIE SEELEY, Defendant.
• Court: New York Supreme Court

186 Misc.2d 715
720 N.Y.S.2d 315

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,
v.
VALERIE SEELEY, Defendant.

November 22, 2000.

[186 Misc.2d 716]

Jesse A. Young, Brooklyn, for defendant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Robert E. Lamb of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

This court has previously held that the defendant may introduce into evidence expert testimony regarding Battered Woman Syndrome (BWS).^[1] The facts of this case have been fully set forth in this court's prior decision (People v Seeley, 179 Misc 2d 42, 44-45). In the prior decision, the court did not set forth the scope of permissible expert testimony when the defendant offers such testimony as proof of self-defense.

In other cases before this court when the People have sought to introduce expert testimony about BWS, the court has limited the scope of such testimony to general information about BWS and prohibited the People from eliciting testimony that the victim/complainant was a battered person. The People now urge the court to rule to limit similarly the defendant's expert. The court has orally informed both parties that it would permit the defense expert to testify that the defendant was a battered person. This decision explains the court's reasoning.

The court has also ruled that if the defendant offers evidence that she is a battered person, then the People are entitled to

[186 Misc.2d 717]

have her examined by an expert of the prosecution's choosing. This decision also explains this holding.^[2]

Evidence—Rules

In general, all evidence which has a tendency to prove a material fact in an action is admissible unless precluded by some evidentiary rule (People v Wilder, 93 NY2d 352, 357; People v Buie, 86 NY2d 501, 509; People v Lewis, 69 NY2d 321, 325). If the probative value of the relevant evidence is outweighed by the prejudice to one of the parties then the relevant evidence should be excluded (People v Alvino, 71 NY2d 233, 242; People v Conyers, 52 NY2d 454, 459; People v Molineux, 168 NY 264). A defendant's right to cross-examine or confront a witness against an accused impacts on the People's right to present relevant evidence (Ohio v Roberts, 448 US 56, 63).

Additionally, a defendant's constitutional right to present evidence that is exculpatory plays an important role in deciding evidentiary issues. This constitutional rule may require the admission of evidence that would ordinarily be inadmissible (Chambers v Mississippi, 410 US 284; People v Carroll, 95 NY2d 375 [2000]).

Because of the principle that a court must weigh the probative value of relevant evidence against the prejudice to the defendant, and the defendant's constitutional right to confront witnesses and to present exculpatory evidence, the rules of evidence are applied somewhat differently when the People offer relevant evidence than when the defendant offers relevant evidence. Thus, a defendant may have a constitutional right to have reliable hearsay evidence admitted (People v Robinson, 89 NY2d 648), while the People would be precluded from introducing hearsay evidence because of a defendant's right to confront a witness against him/her (Ohio v Roberts, 448 US 56, supra). Similarly, a court should preclude cross-examination of a defendant about a prior conviction where its probative value is

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outweighed by the prejudice (People v Sandoval, 34 NY2d 371). The court's right to preclude a defendant's cross-examination of a victim/complainant, however, is limited by the constitutional right to confront witnesses (People v Allen, 67 AD2d 558, affd on opn below 50 NY2d 898; see also, People v Carroll, supra). Also, the courts have stated that where the defendant seeks to introduce a declaration that is alleged to be against the declarant's penal interest the standard for admissibility is "more lenient" than when the People seek to introduce a declaration against penal interest (People v Fonfrias, 204 AD2d 736, 738; People v Campney, 252 AD2d 734, 735).

The rules are different when the People offer expert testimony about BWS than when the defendant offers such evidence (Commonwealth v Kacsmar, 421 Pa Super 64, 75, 78, 617 A2d 725, 730, 732; see also, Schroeder, Using Battered Woman Syndrome Evidence in the Prosecution of a Batterer, 76 Iowa L Rev 553).

Expert Testimony

Expert opinion testimony partially invades the province of the jury to draw conclusions from the facts (People v Miller, 91 NY2d 372, 379; People v Jones, 73 NY2d 427, 431; People v Cronin, 60 NY2d 430, 432). Nonetheless, such testimony is admissible where the conclusions to be drawn from the facts "depend on professional or scientific knowledge or skill not within the range of ordinary training or intelligence" of the average juror (Dougherty v Milliken, 163 NY 527, 533; see also, People v Carroll, 95 NY2d 375, supra; People v Cronin, supra, 60 NY2d, at 432). In determining the admissibility of expert testimony a court must determine the "reason why the testimony is offered" and the helpfulness, relevance and potential for prejudice of the proposed testimony (People v Taylor, 75 NY2d 277, 292; see also, People v Scarola, 71 NY2d 769, 779). Expert testimony that a crime has been committed or to bolster a witness' credibility is improper (People v Bennett, 79 NY2d 464, 473).

The admissibility of expert testimony is in the sound discretion of the trial court (People v Fratello, 92 NY2d 565, 573).

Thus, the same BWS testimony may be admissible if offered for one reason or purpose, but inadmissible if offered for a different reason or purpose (State v Stringer, 271 Mont 367, 374-376, 897 P2d 1063, 1068-1069, discussing State v Dannels, 226 Mont 80, 734 P2d 188).

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Battered Woman Syndrome

Battered Woman Syndrome is not a mental...