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PEOPLE v. LEGRAND

8 N.Y.3d 449 (2007)

867 N.E.2d 374

835 N.Y.S.2d 523

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICO LEGRAND, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 2007.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jan Hoth and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Meredith Boylan and Patrick J. Hynes of counsel), for respondent.

David Loftis, New York City, Barry Scheck, Peter Neufeld and Ezekiel Edwards for Innocence Project, Inc., amicus curiae.

Steven Banks, New York City, Lorca Morello, Robert Garcia and Green & Willstatter, White Plains, for Legal Aid Society and others, amici curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The main issue before us is whether the hearing court erred when it refused to admit expert testimony on the reliability of eyewitness identifications, which it concluded was based on novel scientific principles, theories or techniques that are not generally accepted by the relevant scientific community.

After a Frye hearing, Supreme Court found that the proposed...

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