Wrestling with expert testimony on eyewitness identification, the state’s top court in a 4-3 opinion said a Rochester judge did not abuse his discretion when he precluded an expert during a murder trial.
The New York Court of Appeals on Tuesday, reversing the Appellate Division, Fourth Department, said the judge was entitled to reject expert testimony on eyewitnesses after “balancing the probative value of the evidence against prejudicial or otherwise harmful effects.”
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