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People v. Benjamin

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1994
204 A.D.2d 996 (N.Y. App. Div. 1994)

Opinion

May 27, 1994

Appeal from the Supreme Court, Monroe County, Wesley, J.

Present — Pine, J.P., Balio, Callahan, Davis and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The court properly permitted expert medical testimony that the victim died from injuries consistent with shaken-baby syndrome and that his injuries were intentionally inflicted. Indeed, defendant herself testified that she intentionally committed the acts that resulted in the fractures. The expert did not address defendant's awareness of the risk of death, the ultimate issue for the jury (see, People v. Smith, 59 N.Y.2d 156, 168).

The issue whether the court's charge on circumstantial evidence impermissibly reduced the People's burden of proof is unpreserved (see, CPL 470.05). In any event, the charge as a whole was proper (see, People v. Canty, 60 N.Y.2d 830).


Summaries of

People v. Benjamin

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1994
204 A.D.2d 996 (N.Y. App. Div. 1994)
Case details for

People v. Benjamin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRICIA ANNE BENJAMIN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 27, 1994

Citations

204 A.D.2d 996 (N.Y. App. Div. 1994)
612 N.Y.S.2d 517

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