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Courts in New York have admitted expert testimony when “it would help to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of a typical juror.” People v. DeLong 60 NY2d 296 (1983). More specifically, in making such a determination, the trial court must consider [1] “when jurors are able to draw conclusions from the evidence based upon their day-to-day experience, their common observation and their knowledge, [2] and when they would be benefited by the specialized knowledge of an expert witness.” Cronin at 433. The Court of Appeals has recognized that such testimony “necessarily enters upon the jury’s province, since the expert – and not the jury – draws conclusions from the facts” [Italics added]. The admission of such testimony as well as its bounds are within the discretion of the Court. See also People v. Lee 96 NY2d 157 (2001).

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