- 12 - testimony.”), affd. without published opinion 990 F.2d 1250 (2d Cir. 1993). Considering the testimony as expert opinion testimony, we do not believe it is properly based upon “sufficient facts or data” or upon “reliable principles and methods” applied “reliably to the facts” of this case, as required by rule 702 of the Federal Rules of Evidence.11 Earlier in the trial, respondent’s witness had testified that he had relied on the photocopied pages as the basis for his conclusion that petitioner’s drug-related income for the first 8 months of 1988 should be computed as eight times approximately $477,000. At trial, it was apparent that in giving an affirmative response to the above-quoted leading question, respondent’s witness was merely reaffirming his prior opinion, which was based on the photocopied pages. Having concluded that the photocopied pages are unreliable evidence which respondent has failed to adequately connect with petitioner, we conclude that the expert opinion 11 Fed. R. Evid. 702 provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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