22 Cited authorities

Holmes v. South Carolina
547 U.S. 319 (2006) Cited 1,897 times 5 Legal Analyses
Holding that a rule that categorically barred evidence of third-party guilt when strong forensic evidence of the defendant's guilt was presented "is arbitrary in the sense that it does not rationally serve the end that ... [it was] designed to further"
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,684 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"
State v. Henderson
208 N.J. 208 (N.J. 2011) Cited 703 times 1 Legal Analyses
Holding a jury instruction on cross-racial identification should be given whenever cross-racial identification is in issue at trial
People v. Wesley
83 N.Y.2d 417 (N.Y. 1994) Cited 443 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."
Frye v. United States
293 F. 1013 (D.C. Cir. 1923) Cited 4,497 times 50 Legal Analyses
Holding that expert testimony must be based on scientific methods that are sufficiently established and accepted
People v. Muhammad
2011 N.Y. Slip Op. 7302 (N.Y. 2011) Cited 183 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
People v. LeGrand
2007 N.Y. Slip Op. 2588 (N.Y. 2007) Cited 205 times 4 Legal Analyses
Holding that there was insufficient evidence to confirm that the principles expounded by the defense expert witness on weapon focus were generally accepted by the relevant scientific community
People v. Cona
49 N.Y.2d 26 (N.Y. 1979) Cited 181 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."
People v. Abney
2009 N.Y. Slip Op. 7668 (N.Y. 2009) Cited 62 times 1 Legal Analyses
Holding that the trial court should have conducted a Frye hearing on the issue of weapon focus
People v. Santiago
2011 N.Y. Slip Op. 7303 (N.Y. 2011) Cited 57 times 1 Legal Analyses
Recognizing unconscious transference

The People, Appellant,v.Jamell R. McCullough, Respondent.

22 Cited authorities

Holding that a rule that categorically barred evidence of third-party guilt when strong forensic evidence of the defendant's guilt was presented "is arbitrary in the sense that it does not rationally serve the end that ... [it was] designed to further"

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"

Holding a jury instruction on cross-racial identification should be given whenever cross-racial identification is in issue at trial

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."

Holding that expert testimony must be based on scientific methods that are sufficiently established and accepted

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

Holding that there was insufficient evidence to confirm that the principles expounded by the defense expert witness on weapon focus were generally accepted by the relevant scientific community

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."

Holding that the trial court should have conducted a Frye hearing on the issue of weapon focus

Recognizing unconscious transference