People v. Trinidad

OPINION OF THE COURT

Michael A. Ambrosio, J.

The Court of Appeals recently held in People v Lee (96 NY2d 157 [2001]) that expert testimony on the issue of the reliability of eyewitness identification is not inadmissable per se. *325However, the decision to admit it shall rest in the sound discretion of the trial court. In apparent reliance on Lee, the defendant now seeks authorization pursuant to article 18-B of the County Law to retain the services of Dr. Richard Wiener as an identification expert. In support of his application, defendant’s attorney merely avers that the “services of an expert in…