New York Criminal Attorney Blog
During litigation, it is common for one party to have an expert testify in support of their case. In criminal cases, the state will sometimes try to qualify an arresting police officer as an expert in a certain area, which can bolster the officer’s credibility before the court. What does it take to be qualified as an expert in New York criminal cases? And what does this mean for defendants fighting criminal charges?
New York Case Law
A New York case called People v. Cronin sets out the following standard for expert testimony:
The testifying witness should have “professional or scientific knowledge or skill not within the range of ordinary training or intelligence” in order to qualify as an expert.
Courts can interpret this standard with more or less latitude, but in essence, a witness must have some kind of knowledge beyond the knowledge of a person not in that witness’s field. The trial court has discretion in deciding who qualifies as an expert, meaning it is up to the judge to decide whether someone meets this standard. An expert witness is often allowed to give testimony about an opinion that non-expert witnesses cannot give.
February 2025 Case Before Appellate Division
In a recent case before the Appellate Division, First Department, the court determined that the trial court was correct in deciding that a police witness was an expert on traps that people typically use to hide drugs in their cars. The officer’s training was specialized, and he had personally uncovered upwards of 60 traps during his career. Because of this practical experience and specific training, the trial court properly relied on him as an expert witness.
If you are the defendant in a criminal case and the prosecution wants to name a police officer as an expert witness, you should object and do what is in your power to keep the court from qualifying them as an expert. If the court does end up naming the officer as an expert, it is important to remember that your attorney will still have the opportunity to cross examine the officer as an additional way to undermine the witness’s credibility. Retaining an attorney that is skilled as a cross examiner will only end up helping you if your case does go to trial.
Do You Need a New York Criminal Defense Attorney You Can Trust?
If you are facing criminal charges, hire a New York criminal defense attorney that has your best interest in mind. At Tilem & Associates, we fight hard for our clients’ freedoms and do everything in our power to get them the best possible outcomes in their cases. Our team is experienced, aggressive, and detail-oriented, and we would be proud to stand beside you as we fight for your constitutional rights together.
For a free and confidential consultation with a New York criminal defense attorney at Tilem & Associates, you can reach us by phone at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps. Our firm covers DUI cases, drug offenses, assault and battery charges, theft, firearm charges, violent crimes, and more.