People v Coulter (Theresa)
2003 NY Slip Op 51336(U)
Decided on October 1, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Crimes—Fair Trial

Decided on October 1, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and LIFSON, JJ.
NO. 2000-145 N CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

THERESA COULTER, Appellant.


[*2]Appeal by defendant from a judgment of the District Court, Nassau County (C. Quinn, J.), rendered January 12, 2000, convicting her of endangering the welfare of a child (Penal Law § 260.10 [1]) and imposing sentence.


Judgment of conviction unanimously affirmed.

Initially we note that we are in agreement with the trial court's determination that defendant's confession was voluntarily given, not the subject of coercion and, therefore, properly admitted into evidence at the trial (see People v Huntley, 15 NY2d 72; cf. Lynumn v State of Illinois, 372 US 528). Additionally, the court's decision to allow the jury to hear expert testimony regarding Munchausen Syndrome and Munchausen Syndrome by Proxy from both a psychiatrist and a pediatrician constituted a proper exercise of its discretion (see Frye v United States, 29 F 1013; People v Taylor, 75 NY2d 277; see also People v Wood, 79 NY2d 958). As to the remaining allegations of error, since defendant either failed to raise a proper objection or, once curative instructions were issued, to raise a further objection thereto, said issues were not properly preserved for appellate review (see People v Heide, 84 NY2d 943; People v Williams, 46 NY2d 1070; People v Woods, 296 AD2d 430; see also CPL 470.05). Finally, the evidence, when viewed as a whole, supports the conclusion that defendant received a fair trial and that the evidence of guilt was so overwhelming as to render remaining errors, if any, harmless (see People v Crimmins, 36 NY2d 230).
[*3]Decision Date: October 01, 2003