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PEOPLE v. ROBAR

61-2010

29 Misc.3d 625 (2010)

906 N.Y.S.2d 758

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROBERT ROBAR, Defendant.

County Court, Sullivan County.

Decided August 24, 2010.

Attorney(s) appearing for the Case

Ricciani & Jose, LLP, Monticello ( Jacqueline Ricciani , of counsel), for defendant.

James R. Farrell , District Attorney, Monticello ( Bonnie M. Mitzner of counsel), for plaintiff.

OPINION OF THE COURT

FRANK J. LABUDA, J.

By letter motion dated June 14, 2010, reply affirmation dated June 26, 2010 and letter dated August 16, 2010 (which is received as a motion to reargue), defendant seeks to call an expert witness at the trial herein on the issue of normal brain function (NBF) as specifically related to whether and how expectation affects visual perception and causes misperception....

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