PEOPLE v. MIDDLETON


54 N.Y.2d 42 (1981)

The People of the State of New York, Respondent, v. Lymus Middleton, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1981.


Attorney(s) appearing for the Case

Harvey J. Michelman and Perry S. Reich for appellant.

Robert M. Morgenthau, District Attorney (Victoria Lea Smith and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG taking no part.


MEYER, J.

The reliability of bite mark evidence as a means of identification is sufficiently established in the scientific community to make such evidence admissible in a criminal case, without separately establishing scientific reliability in each case, but subject, of course, to the establishment by foundation evidence of the authenticity of the materials used and propriety of the procedure followed in the particular...

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