PEOPLE v. ROBERTS

2014-00156, Ind. No. 1644-12.

145 A.D.3d 742 (2016)

2016 NY Slip Op 08250

44 N.Y.S.3d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK ROBERTS, Also Known as CYPRESS ROBERTS, Appellant.

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

Decided December 7, 2016.


Ordered that the judgment is affirmed.

The trial court erred in allowing the detective who interviewed the complainant to testify that, in her opinion, the complainant had "exhibited true signs of somebody at this point who was a victim." Shortly before expressing that opinion, the detective had testified that the complainant was upset and crying throughout the interview. Although expert testimony may be admitted "to explain behavior of a victim that might appear...

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