People v. Hughes

OPINION OF THE COURT

Wachtler, J.

The primary question on this appeal concerns the admissibility of a rape victim’s testimony when she has undergone hypnosis sometime prior to trial for the purpose of refreshing or restoring her memory of the incident. The trial court held that the pretrial use of hypnosis did not affect the admissibility of the victim’s testimony but only presented a credibility question for the jury. The Appellate Division reversed and ordered a new trial. The court held that hypnosis has not been generally accepted in the scientific community as a reliable method of…