1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 30 N.Y.3d
  5. 30 N.Y.3d 521 (2017)
 

PEOPLE v. BOONE

No. 55.

30 N.Y.3d 521 (2017)

91 N.E.3d 1194

69 N.Y.S.3d 215

2017 NY Slip Op 08713

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS BOONE, Appellant.

Court of Appeals of New York.

Reargued October 17, 2017.

Decided December 14, 2017.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Paul Skip Laisure and Leila Hull of counsel), for appellant.

Eric Gonzalez , Acting District Attorney, Brooklyn ( Seth M. Lieberman and Leonard Joblove of counsel), for respondent.

David C. Schopp , Legal Aid Bureau of Buffalo, Inc., Buffalo ( Kristin M. Preve and Timothy P. Murphy of counsel), for Legal Aid Bureau of Buffalo, Inc., amicus curiae.

Simpson Thacher & Bartlett LLP, New York City ( Mark J. Stein , Uzezi Abugo and Veronica R. Jordan-Davis of counsel), Joel B. Rudin , Amicus Curiae Committee for National Association of Criminal Defense Lawyers, New York City, and Brooklyn Defender Services, Brooklyn ( Lisa Schreibersdorf and Susannah Karlsson of counsel), for Brooklyn Defender Services and others, amici curiae.

Kramer Levin Naftalis & Frankel LLP, New York City ( David S. Frankel , Jennifer M. Klein and Aaron L. Webman of counsel), and The Innocence Project, Inc., New York City ( Barry C. Scheck and Karen A. Newirth of counsel), for The Innocence Project, Inc., amicus curiae.

Gibson, Dunn & Crutcher LLP, New York City ( Caitlin J. Halligan and Kathryn M. Cherry of counsel), and Bracewell LLP, New York City ( Paul Shechtman of counsel), for Daniel R. Alonso and others, amici curiae.

Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, D.C. ( Daniel S. Volchok , of counsel), and New York City ( Alan Schoenfeld of counsel), for American Psychological Association, amicus curiae.

Wilmer Cutler Pickering Hale and Dorr LLP, New York City ( Debo P. Adegbile , Jenny R.A. Pelaez and Kevin J. Holt of counsel) and Boston, Massachusetts ( Christopher D. Dodge of counsel), for National Association for the Advancement of Colored People and another, amici curiae.

Sherrilyn Ifill, NAACP Legal Defense & Educational Fund, Inc., New York City ( Marne L. Lenox , Janai S. Nelson , Christina A. Swarns and Jin Hee Lee of counsel) and Washington, D.C. ( Angel S. Harris of counsel) for NAACP Legal Defense & Educational Fund, Inc., amicus curiae.

Chief Judge DiFIORE and Judges RIVERA, FEINMAN and TOM concur; Judge GARCIA concurs in result in an opinion, in which Judge STEIN concurs; Judge WILSON taking no part.

OPINION OF THE COURT

In light of the near consensus among cognitive and social psychologists that people have significantly greater difficulty in accurately identifying members of a different race than in accurately identifying members of their own race, the risk of wrongful convictions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases