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PEOPLE v. ABNEY

57 A.D.3d 35 (2008)

867 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUENTIN ABNEY, Appellant.

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

October 14, 2008.

Attorney(s) appearing for the Case

Steven Banks, The Legal Aid Society, New York City (Richard Joselson of counsel), and Shearman & Sterling, New York City (Ashley W. Walker of the District of Columbia bar, admitted pro hac vice, Brian H. Polovoy, Karen S. Hart, Douglas R. Miller of the District of Columbia bar, admitted pro hac vice, and Chloe E. Neil of counsel), for appellant.

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

OPINION OF THE COURT

FRIEDMAN, J.

Defendant was convicted of robbing a 13-year-old girl at knifepoint based on the victim's eyewitness testimony. Defendant argues that the conviction should be reversed, and the case remanded for a new trial, based on the trial court's refusal to permit the defense to present expert testimony on the reliability of eyewitness identifications. We disagree. Even if the proffered expert testimony was relevant to the reliability...

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