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PEOPLE v. MOOLENAAR

262 A.D.2d 60 (1999)

694 N.Y.S.2d 348

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL MOOLENAAR, Appellant.

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

Decided June 8, 1999.

The court properly exercised its discretion (see, People v Acevedo, 40 N.Y.2d 701, 704) in refusing to allow defendant's expert witness to testify as to the results of a crime scene reenactment that allegedly would have discredited the testimony of the observing officer concerning his ability to see the subject drug transactions. It could not be verified that the conditions existing at the time of the crime were accurately replicated...

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