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PEOPLE v. HAYES

33 A.D.3d 403 (2006)

822 N.Y.S.2d 81

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAFIZ HAYES, Appellant.

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

Decided October 12, 2006.

The court properly denied defendant's request for a Frye hearing (Frye v United States, 293 F 1013 [DC Cir 1923]) to determine the admissibility of expert testimony concerning the presence of gunshot residue on defendant's clothing, offered by the People to prove defendant's proximity to the shooting at issue. Defendant did not establish that the particular type of analysis employed by the expert was significantly...

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