Legal Opinion

People v. Chamberlin

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1988Published

1Opinion of the Court

In People v Tunstall (63 NY2d 1, 9, supra), the Court of Appeals listed seven factors that the hearing court was to take into consideration upon remittitur. In a well-reasoned decision Justice Felig reviewed each of these factors in the context of this case as follows:(1) The amount of confidence the victim had in her initial recollections prior to being hypnotized:

*365The victim unequivocally identified the defendants as the perpetrators several times prior to being hypnotized. Based upon these identifications, and the confidence revealed by the victim in her prehypnosis interview and during the…

2Cases cited9 opinions

  1. People v. . GaimariNew York Court of Appeals · 1903
  2. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  3. State v. HurdSupreme Court of New Jersey · 1981
  4. People v. BrathwaiteNew York Court of Appeals · 1984
  5. People v. TunstallNew York Court of Appeals · 1984

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