California, United States of America
The following excerpt is from People v. Usher, E045025 (Cal. App. 5/28/2009), E045025. (Cal. App. 2009):
People v. Torres (1995) 33 Cal.App.4th 37, relied upon by defendant, is inapposite. In that case, the opinion testimony found objectionable was testimony by an expert who was not a percipient witness. (Id. at pp. 43-45.) Torres did not address the admissibility of lay opinion testimony by a percipient witness.
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