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PEOPLE v. MOORE

194 A.D.2d 32 (1993)

The People of the State of New York, Respondent, v. Demetrius Moore, Appellant

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

December 9, 1993

Attorney(s) appearing for the Case

Paul R. Corradini, Elmira, for appellant.

James T. Hayden, District Attorney of Chemung County, Elmira, for respondent.

WEISS, P. J., CREW III and WHITE, JJ., concur.

MERCURE, J.

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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