Legal Opinion

People v. Wernick

New York Court of Appeals

Decided November 21, 1996PublishedCited by 68 opinions

1Opinion of the Court

*113OPINION OF THE COURT

Bbllacosa, J.

Defendant appeals from an order of the Appellate Division, which affirmed a judgment of County Court, Nassau County, convicting her, after a jury trial, of criminally negligent homicide of her newborn infant. The dissenting Justice at the Appellate Division granted permission to appeal, and we now affirm.

The primary issue, as it has evolved, is whether CPL 60.55 (T) automatically obviates the need for a Frye hearing in this case. We must determine whether the trial court erred as a matter of law when it precluded, without a reliability assessment, reference by…

2Cases cited8 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. People v. WesleyNew York Court of Appeals · 1994
  3. People v. TaylorNew York Court of Appeals · 1990
  4. People v. SugdenNew York Court of Appeals · 1974
  5. People v. StoneNew York Court of Appeals · 1974

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3Cited by68 opinions

  1. Parker v. Mobil Oil Corp.New York Court of Appeals · 2006
  2. Marsh v. SmythAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. MiddlebrooksAppellate Division of the Supreme Court of the State of New York · 2002
  4. Zito v. ZabarskyAppellate Division of the Supreme Court of the State of New York · 2006
  5. Nonnon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

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