The following excerpt is from The People Of The State Of N.Y. v. Richard R.*, 2011 NY Slip Op 50649 (N.Y. 2011):
In this type of criminal case involving sexual conduct--especially when the veracity of a child witness is at issue--one particular type of evidence has been held to be sui generis in evaluating the propriety of a counsel's representation: expert medical testimony. Given the "centrality of expert testimony" (Gerstein v. Senkowski, 426 F.3d 588, 607 [2d Cir. 2005]) in assisting the jury in determining whether the very act complained of physically could or did ocurr, as well as the reliability of a child witnesses's testimony from a psychological perspective, courts have held that a defense counsel's failure to call an expert or experts, if available, as witnesses in the defense case or to, at minimum, engage in a meaningful consultation with such
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