People v. Santiago

Moskowitz, J. (dissenting).

In People v LeGrand (8 NY3d 449, 452 [2007]), the Court of Appeals ruled that

“where the case turns on the accuracy of eyewitness identifications and there is little or no corroborating evidence connecting the defendant to the crime, it is an abuse of discretion for a trial court to exclude expert testimony on the reliability of eyewitness identifications if that testimony is (1) relevant to the witness’s identification of defendant, (2) based on principles that are generally accepted within the relevant scientific community, (3) proffered by a qualified expert and…