Decided On : 6/28/2016
AD4 order dated March 27, 2015, reversing judgment of conviction. Decision below: 126 AD3d 1452, 5 NYS3d 665. Scudder (AD dissenter), J., granted leave to People May 21, 2015.
ISSUES PRESENTED: (1) Whether the trial court abused its discretion in refusing to allow the defense to call an expert on the reliability of identification testimony. (2) Whether the Appellate Division erred in reversing and granting a new trial rather than remitting for a Frye hearing.