The Court of Appeals is deciding an increasing number of criminal cases. We discuss two of those decisions below, one concerning the admission of testimony from an expert on eyewitness identification and the other concerning whether a deportee has a right to pursue the appeal of his conviction. At the end of this column we also note briefly some of the other criminal decisions handed down last month. In addition, we discuss an opinion in a matter that arose under the Freedom of Information Law that is notable for the Court’s plea to agencies to respond to requests under the statute with both the purpose of the law and efficiency in mind.
Eyewitness Testimony Experts
The Court established the standards by which trial courts must exercise their discretion in deciding whether to permit testimony of an eyewitness expert in People v. LeGrand, 8 N.Y.3d 449 (2007), and has since had occasion to rule upon the application of those standards.1 It did so again last month and unanimously held in People v. Santiago that the trial court abused its discretion in excluding such testimony.2
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