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PEOPLE v. LeGRAND

2634/99, 5509.

94 A.D.3d 99 (2012)

939 N.Y.S.2d 444

2012 NY Slip Op 1752

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICO LeGRAND, Also Known as TONY JONES, Appellant.

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

Decided March 8, 2012.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Lorca Morello of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Martin J. Foncello and Patrick J. Hynes of counsel), for respondent.

ANDRIAS, J.P., SWEENY, RENWICK, FREEDMAN and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

The verdict convicting defendant of second-degree murder at his third trial was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The issue to be determined is whether the trial court committed reversible error when it precluded a defense expert from testifying about the effect of "weapon focus" on eyewitness identifications without conducting...

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