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People v. Doros

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 415 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, New York County (Rose Rubin, J.).


Defendant's application to introduce expert testimony on the reliability of eyewitness identification was properly denied. Even assuming that such testimony may, in some circumstances, be admissible in the court's discretion ( see, People v. Mooney, 76 N.Y.2d 827), this is clearly not such a case, defendant having made no showing that the psychologist's expertise extended to pre-planned, prompt identifications by trained undercover police. "[T]he expert testimony on this issue cannot be connected with any facts of this case." ( United States v. Downing, 609 F. Supp. 784, 792, affd 780 F.2d 1017.)

Defendant was not entitled to a missing witness charge with respect to various officers, not present at the sale, whose testimony would have been cumulative at best ( People v. Macana, 84 N.Y.2d 173, 180).

We have reviewed defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Tom, JJ.


Summaries of

People v. Doros

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 415 (N.Y. App. Div. 1995)
Case details for

People v. Doros

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUMITRU DOROS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 6, 1995

Citations

217 A.D.2d 415 (N.Y. App. Div. 1995)
629 N.Y.S.2d 413

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