Two fathers prevailed before the Appellate Division on charges of aggravated assault and child endangerment when the court affirmed a trial court decision that the sgtate failed to establish the general acceptance of shaken baby syndrome.

The scientific reliability of expert testimony was considered in two appeals by the state in the cases of two fathers, Darryl Nieves and Michael Cifelli. The Appellate Division held that the state failed to meet its burden to admit expert testimony that shaking alone can cause injuries associated with shaken baby syndrome, also known as abusive head trauma. The appeals court held that when the underlying theory integrates multiple scientific disciplines, the proponent must establish cross-disciplinary validation to establish reliability, according to the published opinion.

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