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PEOPLE v. BROOKS

128 Misc.2d 608 (1985)

The People of the State of New York, Plaintiff, v. Donald Brooks, Defendant.

County Court, Westchester County.

May 23, 1985

Attorney(s) appearing for the Case

Calcagnini & Lichtenstein (George Calcagnini of counsel), for defendant. Carl A. Vergari, District Attorney (John A. Kancans of counsel), for plaintiff.

KENNETH H. LANGE, J.

The defendant has requested a ruling in limine as to whether expert testimony concerning the factors which affect the reliability of an eyewitness identification will be admitted into evidence at this trial. The People have cross-moved to preclude such testimony. Resolution of this issue lies within the discretion of this court (see, Rodriguez v Board of Educ., 104 A.D.2d 978

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