Legal Opinion

People v. Brooks

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

Decided December 22, 2015No. 16455 6074/10PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered September 23, 2013, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The court properly granted the People’s motion for a hearing pursuant to Frye v United States (293 F 1013 [DC Cir 1923]) on the issue of the scientific underpinnings of the defense expert’s theory. Defendant’s forensic pathologist was not an expert in toxicology and could provide no authority to support his theory that five prescription drugs found in the…

2Cases cited11 opinions

  1. People v. MalloyNew York Court of Appeals · 1982
  2. People v. AlmodovarNew York Court of Appeals · 1984
  3. People v. BierenbaumAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. GonzalezNew York Court of Appeals · 1975
  5. People v. GambleNew York Court of Appeals · 2012

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3Cited by6 opinions

  1. People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. People v. UgwuAppellate Division of the Supreme Court of the State of New York · 2022
  3. People v. UgwuAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. LoweAppellate Division of the Supreme Court of the State of New York · 2018

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