PEOPLE v. AUSTIN


46 A.D.3d 195 (2007)

845 N.Y.S.2d 315

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY AUSTIN, Appellant.

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

November 15, 2007.


Attorney(s) appearing for the Case

Steven Banks, The Legal Aid Society, New York City (David Crow of counsel), and Cahill Gordon & Reindel LLP, New York City (Kathleen Tighe Sullivan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent.

BUCKLEY, CATTERSON, MALONE and KAVANAGH, JJ., concur.


OPINION OF THE COURT

ANDRIAS, J.P.

On this appeal, where defendant was convicted, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree, based solely on the uncorroborated eyewitness testimony of the complaining witness, the issue presented is whether the trial court abused its discretion when it denied his pretrial motion to admit expert testimony on eyewitness identification. We find that, on the facts of this case...

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