Home/New York Court of Appeals/People v. Fisher

People v. Fisher

423 N.E.2d 53, 53 N.Y.2d 907, 440 N.Y.S.2d 630, 1981 N.Y. LEXIS 2464
New York Court of Appeals·Decided May 12, 1981·Published·Cited by 18 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The trial court did not err in allowing Dr. Carlton, a psychiatrist, to testify as to the phenomenon of “repression”. This witness’ opinion did not go directly to the issue of the truth or falsity of Ms. Edwards’ story. In essence, it went to explain, with reasonable medical certainty, that it was possible for an individual to initially unconsciously block out certain facts or feelings, real or imagined, which follow in the train of a traumatic event, but to recall them at a later time. Specifically, the doctor did not venture an opinion,-directly or indirectly, as to whether the belated memory on which Ms. Edwards relied at trial was of fancy or fact or an admixture of both.

As to the defendant’s other contentions, we find them either to be unpreserved or without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, [910] Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Fisher, 423 N.E.2d 53, 53 N.Y.2d 907, 440 N.Y.S.2d 630, 1981 N.Y. LEXIS 2464 (N.Y. 1981).

423 N.E.2d 53 (People v. Fisher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Burton
153 Misc. 2d 681 (New York Supreme Court, 1992)
People v. Mooney
559 N.E.2d 1274 (New York Court of Appeals, 1990)
People v. Taylor
142 A.D.2d 410 (Appellate Division of the Supreme Court of New York, 1988)
People v. Banks
145 A.D.2d 944 (Appellate Division of the Supreme Court of New York, 1988)
In re Sanchez
141 Misc. 2d 1066 (NYC Family Court, 1988)
People v. Drake
129 A.D.2d 963 (Appellate Division of the Supreme Court of New York, 1987)
People v. Smith
127 A.D.2d 864 (Appellate Division of the Supreme Court of New York, 1987)
In re Nicole V.
123 A.D.2d 97 (Appellate Division of the Supreme Court of New York, 1987)
Broun v. Equitable Life Assurance Society of United States
504 N.E.2d 379 (New York Court of Appeals, 1986)
People v. De Sarno
121 A.D.2d 651 (Appellate Division of the Supreme Court of New York, 1986)
Commonwealth v. Gallagher
510 A.2d 735 (Supreme Court of Pennsylvania, 1986)
In re Michael G.
129 Misc. 2d 186 (NYC Family Court, 1985)
People v. Brooks
128 Misc. 2d 608 (New York County Courts, 1985)
People v. Torres
128 Misc. 2d 129 (New York Supreme Court, 1985)
People v. Benjamin R.
103 A.D.2d 663 (Appellate Division of the Supreme Court of New York, 1984)
People v. Reid
123 Misc. 2d 1084 (New York Supreme Court, 1984)
People v. Hughes
453 N.E.2d 484 (New York Court of Appeals, 1983)