Legal Opinion

People v. LeGrand

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Andrias, J.

The verdict convicting defendant of second-degree murder at his third trial was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The issue to be determined is whether the trial court committed reversible error when it precluded a defense expert from testifying about the effect of “wéapon focus” on eyewitness identifications without conducting a Frye hearing (Frye v United States, 293 F 1013 [DC Cir 1923]), or when it ruled that if the expert testified about “the effect of postevent information on accuracy of…

2Cases cited12 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. LeGrandNew York Court of Appeals · 2007
  3. People v. MuhammadNew York Court of Appeals · 2011
  4. People v. MassieNew York Court of Appeals · 2004
  5. People v. AbneyNew York Court of Appeals · 2009

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