Domestic Violence: People v. Milczakowskyj

Appellate Division, Fourth Department

Domestic Violence

Expert Testimony

People v. Milczakowskyj
KA 08-01383
Appealed from Cayuga County Court

Background: The defendant was charged with second-degree assault and second-degree harassment involving two incidents of domestic violence with his girlfriend. He was convicted of the first incident, in which he punched the victim and broke two of her ribs. The second incident occurred seven weeks later, during which she was injured further. She testified that the defendant held her against her will at gunpoint. The defendant was convicted of harassment as a result of the second incident but was convicted on all other charges. On appeal he contended that it was improper to allow expert testimony concerning the effects of post-traumatic stress disorder on battered women.

Ruling: The conviction is affirmed. The expert testimony was relevant to explain behavior that might seem unusual to a lay jury unfamiliar with patterns of response exhibited by someone who has been abused.

David P. Elkovitch for the defendant, and Christopher T. Valdina, Cayuga County District Attorney’s Office