In People v. Gladden (118 Misc. 2d 831 [Sup Ct, Kings County 1983]) a mother was indicted for assault based on the theory that she had caused the child physical injury by failing to feed her, and the People offered the grand jury expert testimony from a doctor that the child was, in fact, injured in this way. However, eyewitnesses contradicted the expert's opinion by testifying that they had seen the defendant feed the child several times. The court held that although "[t]here would ordinarily be no necessity" for giving the grand jury an instruction concerning the evaluation of expert testimony, given the conflict between the eyewitnesses and the expert, "[w]ithout an instruction as to the proper manner of evaluation of expert testimony, the Grand Jury could not properly evaluate this contradictory testimony." (118 Misc. 2d at 835.) For this and other reasons, the court dismissed the indictment.