N.Y. Comp. Codes R. & Regs. Tit. 9 § 517.7 - Opinions and expert testimony
(a) Opinion testimony by lay witnesses. If
the witness is not testifying as an expert, the testimony of the witness in the
form of opinions or inference is limited to those opinions or inferences which
are:
(1) rationally based on the perception
of the witness; and
(2) helpful to
a clear understanding of the testimony of the witness of the determination of a
fact in issue.
(b)
Testimony by experts. If scientific, technical, or other specialized knowledge
will assist the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience,
training, or education, may testify thereto in the form of an opinion or
otherwise.
(c) Bases of opinion
testimony by experts. The facts or data in the particular case which an expert
bases an opinion or inference may be those perceived by or made known to the
expert, at or before the hearing. If of a type reasonably relied upon by
experts in the particular field in forming opinions or inferences upon the
subject, the facts or data need not be admissible in evidence.
(d) Opinion on ultimate issue. Testimony in
the form of an opinion or inference otherwise admissible is not objectionable
because it embraces an ultimate issue to be decided by the trier of
fact.
(e) Disclosure of facts or
data underlying expert opinion. The expert may testify in terms of opinion or
inference and give the expert's reasons therefore without prior disclosure of
the underlying facts or data, unless the military judge requires otherwise. The
expert may in any event be required to disclose the underlying facts or data on
cross-examination.
(f) Court
appointed experts.
(1) Appointment and
compensation. The trial counsel, the defense counsel, and the court-martial
have equal opportunity to obtain expert witnesses. The employment and
compensation of expert witnesses is governed by N.Y.R.C.M. 703.
(2) Disclosure of employment. In the exercise
of discretion, the military judge may authorize disclosure to the members of
the fact that the military judge called an expert witness.
(3) Accused's experts of own selection.
Nothing in this subdivision limits the accused in calling expert witnesses of
the accused's own selection and at the accused's own expense.
Notes
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