People v. Gopaul, 112 A.D.3d 966 (N.Y. App. Div. 2013). · Go Syfert
People v. Gopaul, 112 A.D.3d 966 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 4 distinct courts.
Strongest positive: Gopaul v. Racette (nyed, 2021-11-05)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Gopaul v. Racette (2×) also: Cited "see, e.g."
E.D.N.Y · 2021 · confidence medium
People v. Gopaul, 112 A.D.3d 966, 967 (2013) (citing N.Y.
discussed Cited as authority (rule) Gopaul v. Racette (2×) also: Cited "see, e.g."
E.D.N.Y · 2021 · confidence medium
People v. Gopaul, 112 A.D.3d 966, 967 (2013) (citing N.Y.
discussed Cited as authority (rule) People v. Carter
N.Y. App. Div. · 2017 · confidence medium
“Expert testimony is properly admitted if it helps to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror” (People v Gopaul, 112 AD3d 966, 966 [2013] [internal quotation *878 marks omitted]; see People v Williams, 20 NY3d 579, 583 [2013]; People v Davis, 118 AD3d 906, 907-908 [2014]). “[E]xpert testimony regarding rape trauma syndrome, abused child syndrome or similar conditions may be admitted to explain behavior of a victim that might appear unusual or that jurors may not be expected to understand” (People …
discussed Cited as authority (rule) People v. Felix
N.Y. Sup. Ct. · 2017 · confidence medium
(See People v Carroll, 95 NY2d at 387 ; People v Taylor, 75 NY2d at 292-293 ; People v Gopaul, 112 AD3d 966, 966-967 [2d Dept 2013]; People v Guzman, 202 AD2d 272 [1st Dept 1994].) A classic example is presented here.
cited Cited as authority (rule) People v. Raysor
N.Y. App. Div. · 2015 · confidence medium
In any event, any error does not require reversal (see People v Gopaul, 112 AD3d 966, 967 [2013]; People v Brooks, 89 AD3d 746 [2011]).
cited Cited as authority (rule) People v. Raysor
N.Y. App. Div. · 2015 · confidence medium
In any event, any error does not require reversal (see People v Gopaul, 112 AD3d 966, 967 [2013]; People v Brooks, 89 AD3d 746 [2011]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2015 · confidence medium
Nevertheless, “the evidence of guilt was overwhelming and there was no significant probability that the error [ ] contributed to the defendant’s conviction! ]” (People v Gopaul, 112 AD3d 966, 967 [2013]; see People v Howard, 87 NY2d 940, 942 [1996]; People v Crimmins, 36 NY2d 230, 241-242 [1975]).
discussed Cited as authority (rule) People v. Perez
N.Y. App. Div. · 2014 · confidence medium
The defendant’s contention that the prosecutor made improper summation comments is unpreserved for appellate review (see CPL 470.05 [2]; People v Gopaul, 112 AD3d 966, 967 [2013]; People v Thompson, 99 AD3d 819, 819 [2012]) and, in any event, is without merit, as the remarks constituted fair response to the defense summation (see People v Rich, 78 AD3d 1200, 1201 [2010]; People v Martinez, 58 AD3d 754, 755 [2009]).
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2014 · confidence medium
The County Court providently exercised its discretion in permitting the expert testimony of Dr. Eileen Treacy on the subject of child sexual accommodation syndrome. “ ‘Expert testimony is properly admitted if it helps to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror’ ” (People v Gopaul, 112 AD3d 966, 966 [2013] [internal quotation marks omitted], quoting People v Diaz, 20 NY3d 569, 575 [2013]; see People v Williams, 20 NY3d 579, 583 [2013]). “[E]xpert testimony regarding rape trauma syndrome, abused c…
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2014 · confidence medium
The County Court providently exercised its discretion in permitting the expert testimony of Dr. Eileen Treacy on the subject of child sexual accommodation syndrome. “ ‘Expert testimony is properly admitted if it helps to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror’ ” (People v Gopaul, 112 AD3d 966, 966 [2013] [internal quotation marks omitted], quoting People v Diaz, 20 NY3d 569, 575 [2013]; see People v Williams, 20 NY3d 579, 583 [2013]). “[E]xpert testimony regarding rape trauma syndrome, abused c…
discussed Cited "see" People v. Racks
N.Y. App. Div. · 2015 · signal: see · confidence high
The Supreme Court erred in admitting testimony by the *694 People’s ballistics expert which did not “help[ ] to ‘clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror’ ” (People v Diaz, 20 NY3d 569, 575 [2013], quoting De Long v County of Erie, 60 NY2d 296, 307 [1983]; see People v Gopaul, 112 AD3d 966 [2013]), and in permitting an eyewitness to testify to her prior consistent statement.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Harold Gopaul
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2013.
112 A.D.3d 966
Cited by 17 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered September 8, 2010, as amended September 10, 2010, convicting him of criminal sexual act in the first degree (six counts), sexual abuse in the first degree (six counts), criminal sexual act in the second degree, criminal sexual act in the third degree (two counts), assault in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The Supreme Court providently exercised its discretion in permitting the testimony of the People’s expert witness on the subject of adolescent sexual abuse. “Expert testimony is properly admitted if it helps to ‘clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror’ ” (People v Diaz, 20 NY3d 569, 575 [2013], quoting De Long v County of Erie, 60 NY2d 296, 307 [1983]; see People v Williams, 20 NY3d 579, 583 [2013]). “[E]xpert testimony regarding rape trauma syndrome, abused child syndrome or similar conditions may be admitted to explain behavior of a victim that might appear unusual or that jurors may not be expected to understand” (People v Carroll, 95 NY2d 375, 387 [2000]; see People v Diaz, 20 NY3d at 575-576). The expert’s testimony was properly admitted to explain the issue of delayed disclosure and to counter the defense claim that the complainant fabricated the sexual abuse allegations when her parents objected to her having a boyfriend (see People v Wallis, 24 AD3d 1029, 1033 [2005]). The testimony was also properly admitted to explain why the complainant did not recall with specificity when certain of the alleged incidents occurred, and why victims of adolescent sexual abuse may manifest a “flat affect” when testifying. The testimony was “general in nature and does not attempt to impermissibly prove that the[*967] charged crimes occurred” (People v Ennis, 107 AD3d 1617, 1619 [2013] [internal quotation marks omitted]; see People v Gayden, 107 AD3d 1428, 1428 [2013]). To the extent the expert testified as to an abuser’s behavior patterns, such testimony was admissible to help explain “why victims may accommodate abusers and why they wait before disclosing the abuse” (People v Williams, 20 NY3d at 584; see People v Diaz, 20 NY3d at 575).

The defendant’s contention that he was deprived of a fair trial by certain comments made by the prosecutor in his opening statement and summation is unpreserved for appellate review (see CPL 470.05 [2]; People v Thompson, 99 AD3d 819, 819 [2012]; People v Umoja, 70 AD3d 867, 868 [2010]; People v Tate, 275 AD2d 380, 381 [2000]). In any event, to the extent that some of the challenged comments were improper, they were not so flagrant or pervasive as to deprive the defendant of a fair trial (see People v Ward, 106 AD3d 842, 843 [2013]; People v Philbert 60 AD3d 698, 699 [2009]; People v Almonte, 23 AD3d 392, 394 [2005]).

The Supreme Court erred in denying the defendant’s request for a missing witness charge with respect to the police officer who took him into custody at the police station and in permitting certain testimony by the complainant and the complainant’s friend that constituted improper bolstering. However, the errors were harmless, as the evidence of guilt was overwhelming and there was no significant probability that the errors contributed to the defendant’s convictions (see People v Crimmins, 36 NY2d 230, 242 [1975]; People v Sweeney, 92 AD3d 810, 811 [2012]; People v Smalls, 81 AD3d 669, 670 [2011]). Skelos, J.P., Dickerson, Cohen and Hinds-Radix, JJ., concur.