Legal Opinion

People v. Givens

New York Supreme Court

Decided November 12, 2010PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Troy K. Webber, J.

*476Defendant, by notice of motion dated September 15, 2010, moves for an order precluding the People from offering expert testimony as to firearms and toolmark identification. Defendant argues that such testimony is no longer generally accepted in the relevant scientific and legal communities. Defendant requests that a hearing pursuant to Frye v United States (293 F 1013 [DC Cir 1923]) be conducted.

On October 6, 2007, Detective Iris Beresciani and her partner Detective Anthony Rosario were assigned to what was ultimately a homicide investigation of an…

2Cases cited6 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. MonteiroDistrict Court, D. Massachusetts · 2006
  3. United States v. GlynnDistrict Court, S.D. New York · 2008
  4. United States v. WillockDistrict Court, D. Maryland · 2010
  5. United States v. NatsonDistrict Court, M.D. Georgia · 2007

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3Cited by2 opinions

  1. People v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. FrederickAppellate Division of the Supreme Court of the State of New York · 2020

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