Opinion
November 16, 1994
Appeal from the Monroe County Court, Connell, J.
Present — Denman, P.J., Green, Fallon, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a bench trial, of murder in the second degree (Penal Law § 125.25). He contends that the court erred in admitting the opinion of an emergency medical technician (EMT) regarding the time of death of the victim. We agree that the EMT lacked the necessary qualifications to render an expert opinion with respect to the time of death based on the presence of rigor mortis (see, Matott v. Ward, 48 N.Y.2d 455, 459; People v Barrett, 189 A.D.2d 879). The admission of that testimony, however, is harmless error (see, People v. Crimmins, 36 N.Y.2d 230, 242). The evidence, viewed in the light most favorable to the People (see, People v. Ford, 66 N.Y.2d 428, 437), is sufficient to disprove the defense of justification. Nor is there any merit to defendant's contention that the verdict is against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Finally, the sentence is neither harsh nor excessive.