PEOPLE v. MOONEY


76 N.Y.2d 827 (1990)

The People of the State of New York, Respondent, v. Steven Mooney, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1990.


Attorney(s) appearing for the Case

Andrew C. Fine and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Mark D. Suben and Stanley R. Kaplan of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge KAYE dissents and votes to reverse in an opinion in which Judge ALEXANDER concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

By pretrial motion, defendant sought to retain an expert witness to testify concerning factors that may influence a witness's perception and memory and affect the reliability of identification testimony. The object of the proposed testimony was to discredit the testimony of the four robbery victims who had identified defendant as the perpetrator....

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