THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
QUENTIN ABNEY, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
GREGORY ALLEN, Appellant.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued September 16, 2009.
Decided October 27, 2009.
Attorney(s) appearing for the Case
Shearman & Sterling LLP, New York City (Brian H. Polovoy, Karen S. Hart, Ashley W. Walker, of the District of Columbia bar, admitted pro hac vice, and Alexander J. Marcopoulos of counsel), and Legal Aid Society of New York, Criminal Appeals Bureau (Steven Banks and Richard Joselson of counsel) for appellant in the first above-entitled action.
Robert M. Morgenthau, District Attorney, New York City (Patrick J. Hynes and Mark Dwyer of counsel), for respondent in the first above-entitled action.
Weil, Gotshal & Manges LLP, Houston, Texas (Matthew J. Antonelli of counsel), Weil, Gotshal & Manges LLP, New York City (Peter Sandel of counsel), Barry C. Scheck, Peter J. Neufeld, David Loftis and Ezekiel R. Edwards for Innocence Project, Inc., amicus curiae, in the first above-entitled action.
Legal Aid Society, Criminal Appeals Bureau, New York City (Karen M. Kalikow and Steven Banks of counsel), for appellant in the second above-entitled action.
Richard A. Brown, District Attorney, Kew Gardens (Daniel Bresnahan and John M. Castellano of counsel), for respondent in the second above-entitled action.
Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.
Court of Appeals of New York.
OPINION OF THE COURT
READ, J.
Defendants in both of these cases unsuccessfully sought to introduce expert testimony on the reliability of eyewitness identification. The question for us to decide is whether, in light of our decisions in People v Lee (96 N.Y.2d 157 [2001]), People v Young (7 N.Y.3d 40 [2006]) and, especially, People v LeGrand (8 N...
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