22 Cited authorities

  1. Holmes v. South Carolina

    547 U.S. 319 (2006)   Cited 1,452 times   5 Legal Analyses
    Holding unconstitutional a state evidentiary rule automatically excluding alternative perpetrator evidence when the prosecution case was strong
  2. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,175 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
  3. State v. Henderson

    208 N.J. 208 (N.J. 2011)   Cited 554 times   1 Legal Analyses
    Holding a jury instruction on cross-racial identification should be given whenever cross-racial identification is in issue at trial
  4. People v. Wesley

    83 N.Y.2d 417 (N.Y. 1994)   Cited 419 times   1 Legal Analyses
    Concluding that "[d]efendant's challenges to the population studies relied on by Lifecodes to estimate the probability of a coincidental match go not to admissibility, but to the weight of the evidence, which should be left to the trier of fact."
  5. Frye v. United States

    293 F. 1013 (D.C. Cir. 1923)   Cited 4,036 times   45 Legal Analyses
    Holding that to "admit expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs"
  6. People C v. Legrand

    2007 N.Y. Slip Op. 2588 (N.Y. 2007)   Cited 194 times   3 Legal Analyses
    Finding ban on expert testimony inappropriate due to advances in scientific research
  7. People v. Muhammad

    2011 N.Y. Slip Op. 7302 (N.Y. 2011)   Cited 129 times   1 Legal Analyses
    Stating that acquittals on weapon possession counts "did not inherently negate" the element of "intent to cause serious physical injury" of first-degree assault by means of a weapon
  8. People v. Cona

    399 N.E.2d 1167 (N.Y. 1979)   Cited 178 times   1 Legal Analyses
    In People v Cona (49 NY2d 26, 37), the Court stated, "[t]his is not a crippling requirement and serves to assure the reliability of evidence furnished by a witness who must be perceived as possibly laboring under considerable inducements to favor the prosecution."
  9. Unger v. Young

    571 U.S. 1015 (2013)   Cited 3 times

    No. 13–95. 2013-11-12 David UNGER, Superintendent, Wyoming Correctional Facility v. Rudolf YOUNG. Justice ALITO Prior report: 2d Cir., 715 F.3d 79. The motion of respondent for the leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied. Justice ALITO, joined by Justice SCALIA, dissenting from the denial of certiorari. The United States Court of Appeals for the Second Circuit granted habeas relief in this case after concluding that New York's highest court unreasonably

  10. People v. Abney

    2009 N.Y. Slip Op. 7668 (N.Y. 2009)   Cited 53 times   1 Legal Analyses
    In People v. Abney, 13 N.Y.3d 251, 889 N.Y.S.2d 890, 918 N.E.2d 486 [2009]), we held that a trial court erred in refusing, without the benefit of a Frye hearing, to allow an expert witness to testify on cross-racial identification and other factors affecting accuracy of identification (see id. at 268, 889 N.Y.S.2d 890, 918 N.E.2d 486 ; see also People v. LeGrand, 8 N.Y.3d 449, 454, 835 N.Y.S.2d 523, 867 N.E.2d 374 [2007]).