New York Court of Appeals
The People of the State of New York, Respondent v. George Gonzalez, Appellant; the People of the State of New York…
October 24, 200299 N.Y.2d 76
Summary
The Court of Appeals affirmed the convictions in People v. Gonzalez and People v. Lopez, holding that the defendants failed to preserve their double jeopardy claims and that the trial courts did not err in admitting expert testimony in Lopez. The majority applied the Blockburger test and legislative intent analysis to reject the double jeopardy arguments, and found no abuse of discretion in the expert testimony. Justice Smith concurred in Gonzalez and dissented in Lopez, arguing that preservation was unnecessary and the expert testimony was prejudicial.