People v. Lee

OPINION OF THE COURT

Graffeo, J.

In the 11 years since People v Mooney (76 NY2d 827), this Court has not been presented with an opportunity to revisit the admissibility of expert testimony proffered on the issue of the reliability of eyewitness identification. We now hold that, while such expert testimony is not inadmissible per se, the decision whether to admit it rests in the sound discretion of the trial court. Here, the trial court did not abuse that discretion in denying its introduction.

In the early morning, Michael Perani’s car was stolen at gunpoint in Manhattan. The robbery occurred in…