PEOPLE v. ANDRE BANKS

2007-09729.

74 A.D.3d 1214 (2010)

905 N.Y.S.2d 627

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE BANKS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 22, 2010.


Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in precluding, after a Frye hearing (see Frye v United States, 293 F 1013 [1923]), expert testimony on the effects of stress and cross-race bias on eyewitness identification. The defendant failed to meet his burden of establishing that the proposed testimony was based on principles that are generally accepted in the scientific community (see People v LeGrand...

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