People v. Byrd

In People v. Byrd, 51 AD3d 267 (1st Dept., 2008) the complaining witness was the victim of a long history of severe physical and mental abuse by her domestic partner, which culminated in her being beaten nearly to death by the defendant. The facts there reveal that the defendant refused to allow the victim to seek medical treatment, which she did not obtain until the defendant left the house temporarily with the couple's young daughter. Further, the defendant repeatedly contacted the complaining witness from prison, in violation of an order of protection, and even had family members visit her bedside in the hospital on his behalf. Significantly, as noted by the First Department, the court in Byrd properly admitted expert testimony regarding Battered Person's Syndrome, to explain in part, why the complaining witness in that case might assert that the defendant had not coerced her to refuse to testify against him.