PEOPLE v. HUGHES


88 A.D.2d 17 (1982)

The People of the State of New York, Respondent, v. Kirk Hughes, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 9, 1982


Attorney(s) appearing for the Case

Gerald T. Barth (Eric Alderman of counsel), for appellant.

Richard Hennessy (John Cirando of counsel), for respondent.

DILLON, P. J., CALLAHAN and SCHNEPP, JJ., concur with HANCOCK, JR., J.; DOERR, J., dissents and votes to affirm in an opinion.


HANCOCK, JR., J.

The use of hypnosis has not gained general acceptance in the scientific community as a reliable method of restoring a witness' recollection of an event. We hold, therefore, that the testimony of a witness concerning hypnotically produced recall is, as a matter of law, inadmissible in a criminal trial in this State.

I

Whether such testimony should be admitted, a question apparently not before considered in any appellate...

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