Appellate Division of the Supreme Court of the State of New York, Third Department.
Defendant was indicted for burglary in the first degree and two counts of murder in the second degree (intentional murder and felony murder) in connection with the slaying of Rose Swartwood in her apartment. A pretrial Frye hearing (see, Frye v United States, 293 F 1013; but see, Daubert v Merrell Dow Pharms., 509 US ___, 113 S.Ct. 2786) was held to determine the...
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