PEOPLE v. THOMPSON

2013-11033, Ind. No. 130/11.

181 A.D.3d 833 (2020)

118 N.Y.S.3d 430

2020 NY Slip Op 01940

The People of the State of New York, Respondent, v. Malcolm Thompson, Appellant.

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

Decided March 18, 2020.


Ordered that the judgment is affirmed.

The defendant shot the victim in broad daylight in the courtyard of a housing project following an altercation between them in a nearby store.

Prior to trial, the defendant moved to present expert testimony regarding phenomena that could result in mistaken eyewitness identification. Contrary to the defendant's current contention, the trial court providently exercised its discretion in denying the motion (see People...

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