Child Abuse Verdict Reinstated After M.E.'s Testimony that Mold Does Not Explain Injuries Was Unsuccessfully Challenged

ROCHESTER, N.Y. - The Supreme Court of New York ruled March 21 that a woman convicted of child abuse did not preserve for appellate review the issue of whether a medical expert's testimony regarding mold as a possible explanation for the child's injuries was based on double hearsay. People of the State of New York, Plaintiff-Appellant, v. Brandi Everson, Defendant-Respondent, No. KA 02-01118 (N.Y. Sup. Ct., App. Div., 4th Jud. Dept.).

Based on this error, the appellate court denied a previously granted motion to set aside the jury verdict, reinstated the verdict, and remitted the matter to the county court …