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PEOPLE v. YOUNG

7 N.Y.3d 40 (2006)

850 N.E.2d 623

817 N.Y.S.2d 576

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDOLPH YOUNG, Appellant.

Court of Appeals of New York.

Decided May 9, 2006.

Attorney(s) appearing for the Case

Muldoon & Getz, Rochester (Gary Muldoon of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Judge R.S. SMITH; Judge G.B. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

R.S. SMITH, J.

The main issue is whether the trial court abused its discretion when it refused to allow an expert to testify about factors that affect the reliability of eyewitness identifications. The question is close, and the testimony might well have been admitted, but we conclude that there was no abuse of discretion.

Facts and Procedural History

In 1991, an intruder...

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