NY · jury_instructions
CJI2d[NY] Expert, In General
EXPERT WITNESS
You will recall that (specify) testified
[about certain (scientific), (medical), (technical) matters]
[or specify the field(s)]
and gave an opinion on such matters.
Ordinarily, a witness is limited to testifying about facts and is not permitted to give an opinion. Where, however, scientific, medical, technical or other specialized knowledge will help the jury understand the evidence or to determine a fact in issue, a witness with expertise in a specialized field may render opinions about such matters.
You should evaluate the testimony of any such witness just as you would the testimony of any other witness. You may accept or reject such testimony, in whole or in part, just as you may with respect to the testimony of any other witness.
In deciding whether or not to accept such testimony, you should consider the following:
• the qualifications and believability of the witness;
• the facts and other circumstances upon which the witness's opinion was based;
• [the accuracy or inaccuracy of any assumed or hypothetical fact upon which the opinion was based;]
• the reasons given for the witness's opinion; and
• whether the witness's opinion is consistent or inconsistent with other evidence in the case.
History
Caption: EXPERT WITNESS. Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
ffde9df7715607f86a93076e103573c100061ea9214d8a79d38d3f324b9285b0
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