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DEFENDANT PERFORMED A RAP SONG DURING A RECORDED PHONE CALL MADE FROM JAIL; AN INVESIGATOR WAS CALLED AS AN EXPERT TO INTERPRET THE LYRICS; HIS INTERPRETATION MATCHED THE PEOPLE’S FACTUAL THEORY OF THE CASE; BECAUSE THE INVESTIGATOR WAS NOT ADEQUATELY QUALIFIED AS AN EXPERT, DEFENDANT WAS DENIED A FAIR TRIAL (SECOND DEPT). ​

The Second Department, reversing defendant’s conviction on the ground he was not afforded a fair trial, in a full-fledged opinion by Justice Warhit, determined the “expert” evidence offered to interpret the meaning of a rap song defendant performed over a recorded phone call during his pretrial incarceration was inadmissible. The police investigator called upon to interpret the lyrics was not qualified to do so:

… [T]he investigator was unqualified to offer expert opinion testimony regarding the meaning of the rap lyrics. Additionally, while the investigator’s initial interpretations of the lyrics were often varied and reflected the lyrics’ inherent ambiguity, the investigator’s ultimate proffered opinions precisely and remarkably mirrored the People’s exact factual theory of the case. Moreover, the investigator’s interpretations of the lyrics also implied that the defendant had committed prior bad acts and crimes that were not charged in the indictment. Accordingly, we find that the defendant was deprived of a fair trial by the admission of this evidence … . * * *

… [T]o be qualified to offer expert opinion testimony, the witness must possess “the requisite skill, training, education, knowledge or experience from which it can be assumed that the information imparted or the opinion rendered is reliable” … . “The expert’s opinion, taken as a whole, must also reflect an acceptable level of certainty in order to be admissible” … .

… [T]he People failed to establish that their proffered expert witness was qualified to render an expert opinion as to the meaning of the rap lyrics. After the Supreme Court gave the People “ten minutes” to “get somebody,” the People proffered the investigator as their expert. Although the investigator testified that he had attended trainings regarding gangs, including “gang lingo,” this case did not involve gangs … . Additionally,]the investigator acknowledged that rap lyrics are not always literal and cannot be interpreted like a regular conversation. The investigator’s testimony regarding his exposure and/or familiarity with rap music from watching YouTube videos and “music videos posted by alleged gang members, and their ilk,” which he stated could largely be understood using “common sense,” was insufficient to demonstrate that he possessed the requisite skill, training, knowledge, and/or experience necessary to render a reliable opinion regarding the meaning of the rap lyrics at issue in this case … . People v Reaves, 2025 NY Slip Op 05107, Second Dept 9-24-25

Practice Point: Although rap lyrics have been admitted in evidence in criminal trials, here the investigator who interpreted the lyrics was not qualified to do so. It was reversible error to admit the “expert’s” opinion about the meaning of the lyrics.

 

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