People v. Carrieri

OPINION OF THE COURT

Richard L. Buchter, J.

Recently, the Court of Appeals in People v Lee (96 NY2d 157 *308[2001]) expanded the discretion of trial courts concerning the admissibility of expert testimony regarding identification.

In the above-captioned trial, a one-witness robbery case, the defendant moves (1) for leave to call an expert witness with regard to the accuracy of cross-racial identification, and (2) for an instruction to the jury in the court’s charge, In essence, that the jury may consider the fact that the identification was cross-racial in evaluating its accuracy and the court will…