Gothamist: Appeals Court Overturns Subway Pusher's Conviction

S.D.

Wed, 21 Dec 2005 18:10:40 -0500

"an expert's opinion may be based on hearsay."? Even with unqualified observers?

Lawyer Q. Lawyer

Wed, 21 Dec 2005 14:01:21 -0500

an expert's opinion may be based on hearsay.

mrd in nyc

Wed, 21 Dec 2005 14:00:17 -0500

Sounds like the psychiatrist went to the same med school as Bill Frist.

S.D.

Wed, 21 Dec 2005 12:45:21 -0500

Actually, looks like the Manhattan D.A. screwed this one up with the help of the judge. A diagnosis based on non-professional's observation? Bizzare...

rev pays

Wed, 21 Dec 2005 12:18:32 -0500

More Guiliani mess that we currently have to clean up.

Jen

Wed, 21 Dec 2005 12:01:38 -0500

A judge did allow the testimony, and that's what the appeals court found disturbing. I highly recommend people read the articles about the case - it's very interesting.

S.D.

Wed, 21 Dec 2005 11:43:07 -0500

"Goldstein's appeal was based on the fact that a prosecution witness psychiatrist made a diagnosis of Goldstein based on witness accounts - and the defense wasn't even able to talk to those witnesses."? Wow. The prosecutor screwed up big time. I'm surprised the Judge even allowed it since it apparently wasn't based on a Direct examination (Isn't it Hearsay?)