THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ANTHONY LEE, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 22, 2001.
Decided May 8, 2001.
Attorney(s) appearing for the Case
Office of the Appellate Defender, New York City (Catharine F. Easterly, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Susan Gliner, Mark Dwyer and Deborah L. Morse of counsel), for respondent.
Legal Aid Society, Criminal Appeals Bureau, New York City (M. Sue Wycoff and David Crow of counsel), for Legal Aid Society, Criminal Appeals Bureau, and another, amici curiae.
Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
GRAFFEO, J.
In the 11 years since People v Mooney (76 N.Y.2d 827), this Court has not been presented with an opportunity to revisit the admissibility of expert testimony proffered on the issue of the reliability of eyewitness identification. We now hold that, while such expert testimony is not inadmissible per se, the decision whether to admit it rests in the sound discretion of the trial court...
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