The People of the State of New York, Respondent,
v.
Michael W. Hults, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 21, 1990.
Decided May 10, 1990.
Attorney(s) appearing for the Case
Martin I. Saperstein for appellant.
Denis Dillon, District Attorney (Lawrence J. Schwarz and Bruce E. Whitney of counsel), for respondent.
Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur with Judge ALEXANDER; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion in which Judge TITONE concurs.
Court of Appeals of the State of New York.
ALEXANDER, J.
We established in People v Hughes (59 N.Y.2d 523) that posthypnotic testimony, to the extent it is affected by the prior hypnosis, is not admissible as evidence-in-chief because of its inherent unreliability. Implicit in our decision in Hughes is the conclusion that statements made during the hypnotic procedure are also inadmissible on direct examination...
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