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PEOPLE v. BEDESSIE

No. 46.

19 N.Y.3d 147 (2012)

2012 NY Slip Op 2342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KHEMWATTIE BEDESSIE, Appellant.

Court of Appeals of New York.

Decided March 29, 2012.

Attorney(s) appearing for the Case

Law Office of Ronald L. Kuby, New York City ( Ronald L. Kuby and Lea Spiess of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Laura T. Ross and John M. Castellano of counsel), for respondent.

Judges CIPARICK, GRAFFEO, SMITH and PIGOTT concur with Judge READ; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

READ, J.

In this appeal, we are asked for the first time to consider the admissibility of expert testimony proffered on the issue of the reliability of a confession. While in a proper case expert testimony on the phenomenon of false confessions should be admitted, the expert here did not propose testimony relevant to this defendant or her interrogation. As a result, the trial judge did not abuse his discretion when he declined to hold...

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