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PEOPLE v. SHARPE

2018-03304. Ind. No. 1782/15.

185 A.D.3d 965 (2020)

125 N.Y.S.3d 869

2020 NY Slip Op 04186

The People of the State of New York, Respondent, v. Oniel Sharpe, Jr., Appellant.

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

Decided July 22, 2020.

Ordered that the judgment is affirmed.

We agree with the Supreme Court's denial of the defendant's request for a hearing pursuant to Frye v United States (293 F 1013 [DC Cir 1923]) to determine the admissibility of testimony concerning the defendant's blood alcohol content at the time of the accident based upon retrograde extrapolation. In light of the acceptance of such evidence by the courts of the State of New York (see People v Menegan,

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