People v. Story
Opinion of the Court
— Yesawich Jr., J. Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered May 4, 1990, upon a verdict convicting defendant of the crime of rape in the first degree.
Following a jury trial at which the victim and defendant, by whom the victim had a child several years earlier, gave conflicting testimony regarding consent, defendant was found guilty of first degree rape and sentenced to an indeterminate prison term of 6 to 18 years. On appeal, defendant contends that County Court committed reversible error in permitting the prosecutor, over defense counsel’s objection, to put before the jury expert testimony that the victim’s behavior was consistent with rape trauma syndrome.
Defendant recognizes that the "introduction of expert testimony describing rape trauma syndrome may under certain circumstances assist a lay jury in deciding issues in a rape trial” (People v Taylor, 75 NY2d 277, 289). He argues, however, that in the case at hand expert testimony was improperly admitted to prove that the crime occurred. We find no reversible error and so affirm.
Admission of the expert’s testimony describing the rape trauma syndrome was perfectly proper insofar as it was introduced to aid the jury in assessing the victim’s delay in reporting the alleged rape to the police, a delay emphasized by the defense in its earlier cross-examination of the victim (see, supra, at 292-293). We also note that defendant had ample opportunity to cross-examine the expert and that County Court properly instructed the jury regarding the expert’s testimony (see, People v Whitehead, 142 AD2d 745, 746).
Casey, J. P., Weiss, Mikoll and Levine, JJ., concur. Ordered that the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.