Legal Opinion
People v. Abney
New York Court of Appeals
Decided October 27, 2009PublishedCited by 62 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
Defendants in both of these cases unsuccessfully sought to introduce expert testimony on the reliability of eyewitness identification. The question for us to decide is whether, in light of our decisions in People v Lee (96 NY2d 157 [2001]), People v Young (7 NY3d 40 [2006]) and, especially, People v LeGrand (8 NY3d 449 [2007]), the trial courts abused their discretion when they disallowed this testimony. We conclude that the trial judge in Abney abused his discretion, but that the trial judge in Allen did not.1
*257I.
Abney
A. Facts and Trial
On June 2, 2005 at about 3:20…
2Cases cited5 opinions
- People v. LeeNew York Court of Appeals · 2001
- People v. LeGrandNew York Court of Appeals · 2007
- People v. YoungNew York Court of Appeals · 2006
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2008
- People v. AbneyAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by62 opinions
- People v. MuhammadNew York Court of Appeals · 2011
- People v. SantiagoNew York Court of Appeals · 2011
- People v. BooneCourt for the Trial of Impeachments and Correction of Errors · 2017
- People v. PeterkinAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WatkinsNew York Court of Appeals · 2024
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