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PEOPLE v. YATES

168 Misc.2d 101 (1995)

637 N.Y.S.2d 625

The People of the State of New York, Plaintiff, v. Richard Yates, Defendant.

Supreme Court, New York County.

December 21, 1995

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (John Martin of counsel), for plaintiff. Orzick & Hupert, New York City (Eric S. Orzick of counsel), for defendant.

FELICE K. SHEA, J.

The issue presented by the People's motion for a pretrial Frye2 hearing is whether a male defendant who has been sexually assaulted can introduce expert testimony at trial regarding rape trauma syndrome without first establishing that such testimony has attained acceptance within the scientific community. The motion was made in response to defendant's...

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