9 NYCRR 517.7

If the witness is not testifying as an expert, the testimony of the witness in the form of opinions or inference is limited to those opinions or inferences which are:

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.

The facts or data in the particular case which an expert bases an opinion or inference may be those perceived by or made known to the expert, at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

The expert may testify in terms of opinion or inference and give the expert's reasons therefore without prior disclosure of the underlying facts or data, unless the military judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

The trial counsel, the defense counsel, and the court-martial have equal opportunity to obtain expert witnesses. The employment and compensation of expert witnesses is governed by N.Y.R.C.M. 703.

In the exercise of discretion, the military judge may authorize disclosure to the members of the fact that the military judge called an expert witness.

Nothing in this subdivision limits the accused in calling expert witnesses of the accused's own selection and at the accused's own expense.