The Brooklyn District Attorney’s Office may present evidence that an eight-month-old suffered injuries attributable to shaken baby syndrome, despite the defense’s claim that the syndrome has lost general acceptance as a diagnosis in the scientific community, a judge ruled.
Acting Brooklyn Supreme Court Justice Miriam Cyrulnik wrote in People v. Flores-Estrada, 3216/2016, that while the reliability of shaken baby syndrome has lost a degree of credibility among medical experts, it still remains an “accepted scientific theory” in New York courts. Cyrulnik approved the presentation of evidence of the syndrome at the upcoming trial of Leticia Flores-Estrada, who faces assault charges for allegedly inflicting brain injuries on an infant girl she was babysitting in April 2016.
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