People v. McMillion
Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The trial court properly exercised its discretion in admitting the opinion testimony of the medical expert that the victim’s injuries caused a protracted impairment of the victim’s health and constituted a significant risk of death, because "the conclusions to be drawn from the facts 'depend upon professional or scientific knowledge or skill not within the range of ordinary training or intelligence’ ” (People v Cronin, 60 NY2d 430, 432, quoting Dougherty v Milliken, 163 NY 527, 533; see also, People v Keindl, 68 NY2d 410, 422; cf., People v McCart, 157 AD2d 194, 197, lv denied 76 NY2d 861; People v Forcione, 156 AD2d 952, lv denied 75 NY2d 919). In any event, any error in the admission of that testimony must be deemed harmless.
The trial court properly denied defendant’s request to charge assault in the second degree (Penal Law § 120.05 [2]) as a lesser included offense of assault in the first degree (Penal
Case-law data current through December 31, 2025. Source: CourtListener bulk data.