Legal Opinion

People v. Felix

New York Supreme Court

Decided January 27, 2017Published

1Opinion of the Court

*603OPINION OF THE COURT

Mark Dwyer, J.

Defendant Jose Felix moves for an order precluding prosecution testimony about Child Sexual Abuse Syndrome (hereinafter CSAS). In the alternative, defendant seeks a Frye hearing concerning such testimony. (See Frye v United States, 293 F 1013 [DC Cir 1923].) Defendant’s motion will be denied, except as noted below.

A

Defendant is charged with one count of sexual conduct against a child in the first degree and related crimes. The People’s theory is that defendant abused a young family member on five occasions over the course of about 11 years, while she was from…

2Cases cited8 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. People v. CarrollNew York Court of Appeals · 2000
  3. People v. TaylorNew York Court of Appeals · 1990
  4. People v. DiazNew York Court of Appeals · 2013
  5. People v. GopaulAppellate Division of the Supreme Court of the State of New York · 2013

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