Legal Opinion

People v. Yates

New York Supreme Court

Decided December 21, 1995PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Felice K. Shea, J.

The issue presented by the People’s motion for a pretrial *102Frye2 hearing is whether a male defendant who has been sexually assaulted can introduce expert testimony at trial regarding rape trauma syndrome without first establishing that such testimony has attained acceptance within the scientific community. The motion was made in response to defendant’s notice of intention to call an expert at trial who will testify that defendant exhibited symptoms of male rape trauma syndrome3 and that the syndrome explains why defendant failed to report a sexual assault…

2Cases cited24 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. People v. KeindlNew York Court of Appeals · 1986
  3. Lahey v. KellyNew York Court of Appeals · 1987
  4. People v. WesleyNew York Court of Appeals · 1994
  5. People v. TaylorNew York Court of Appeals · 1990

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3Cited by4 opinions

  1. Mathie v. FriesDistrict Court, E.D. New York · 1996
  2. White v. KeaneDistrict Court, S.D. New York · 1999
  3. People v. CortorrealNew York Supreme Court · 1999
  4. United States v. PascualDistrict Court, N.D. New York · 2016

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