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PEOPLE v. LOPEZ

1 A.D.3d 168 (2003)

766 N.Y.S.2d 845

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE LOPEZ, Appellant.

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

November 13, 2003.

The court properly exercised its discretion in denying defendant's request to introduce expert testimony concerning eyewitness identification (see People v Lee, 96 N.Y.2d 157 [2001]). The record does not support defendant's assertion that the court failed to exercise its discretion. We note that even without expert testimony, defendant was able to attack thoroughly the People's identification testimony through cross-examination and...

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