People v. LeGrand

94 A.D.3d 99, 939 N.Y.S.2d 444

This text of 94 A.D.3d 99 (People v. LeGrand) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. LeGrand, 94 A.D.3d 99, 939 N.Y.S.2d 444 (N.Y. Ct. App. 2012).

Opinion

OPINION OF THE COURT

Andrias, J.

The verdict convicting defendant of second-degree murder at his third trial was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The issue to be determined is whether the trial court committed reversible error when it precluded a defense expert from testifying about the effect of “wéapon focus” on eyewitness identifications without conducting a Frye hearing (Frye v United States, 293 F 1013 [DC Cir 1923]), or when it ruled that if the expert testified about “the effect of postevent information on accuracy of identification,” the People could elicit evidence that the identifying witnesses cooperated with police to produce a composite sketch, which resembled defendant.

[101]*101 We hold that under the particular circumstances of this case, the proposed expert testimony as to weapon focus would have had little relevance and its exclusion did not prejudicially deprive defendant of a fair trial. Moreover, the testimony regarding the preparation of the composite sketch would have been admitted for the limited purpose of allowing the People to address a potentially misleading impression that would have been created by the defense identification expert’s proposed postevent information testimony, and the conditional ruling was not unduly prejudicial to defendant, given the limiting instruction proposed by the court. Therefore, we affirm the judgment.

On June 15, 1991, livery cab driver Joaquin Liriano was stabbed to death. A number of people witnessed the attack, and within days four of them collaborated on a composite sketch of the perpetrator. In 1993, defendant was deemed a suspect in the homicide after he was arrested for an unrelated burglary and an officer thought that he resembled the composite sketch. The police were unable to locate any of the witnesses and the homicide case remained dormant until April 1998 when defendant was arrested for another burglary and the police again concluded that he resembled the composite sketch.

The authorities then located the witnesses who contributed to the composite sketch and another who did not come forward until 1998. R.R, who saw the perpetrator from the street, positively identified defendant in a photo array and lineup as the perpetrator. T.F., who saw the perpetrator at a distance of 20 to 25 feet through a window in his apartment, viewed the photo array and noted that defendant’s photograph was a “very close, if not exact match.” J.G., who was with T.F. at the time of the attack, noted that defendant’s photograph looked “similar” to the perpetrator. The fourth and fifth witnesses (L.G. and S.G.) were unable to identify defendant. No forensic or physical evidence tied defendant to the stabbing.

Defendant’s first trial ended in a hung jury. He was found guilty at his second trial. This Court affirmed (28 AD3d 318 [2006]), but the conviction was reversed by the Court of Appeals (8 NY3d 449 [2007]) (LeGrand I) and a new trial ordered on the ground that the trial court erred when it precluded the defense expert’s proposed testimony regarding the lack of correlation between confidence and accuracy of identification, confidence malleability, and the effect of postevent information on identification accuracy, the underlying principles of which were [102]*102generally accepted by the relevant scientific community

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Related

People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)
People v. Massie
809 N.E.2d 1102 (New York Court of Appeals, 2004)
People v. LeGrand
867 N.E.2d 374 (New York Court of Appeals, 2007)
People v. Maldonado
769 N.E.2d 1281 (New York Court of Appeals, 2002)
People v. Santiago
958 N.E.2d 874 (New York Court of Appeals, 2011)
People v. Abney
918 N.E.2d 486 (New York Court of Appeals, 2009)
People v. Muhammad
959 N.E.2d 463 (New York Court of Appeals, 2011)
People v. Lindsay
364 N.E.2d 1302 (New York Court of Appeals, 1977)
People v. Lopez
9 A.D.3d 692 (Appellate Division of the Supreme Court of New York, 2004)
People v. Heckstall
45 A.D.3d 907 (Appellate Division of the Supreme Court of New York, 2007)
People v. Banks
16 Misc. 3d 929 (New York County Courts, 2007)
People v. LeGrand
196 Misc. 2d 179 (New York Supreme Court, 2002)

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Bluebook (online)
94 A.D.3d 99, 939 N.Y.S.2d 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-legrand-nyappdiv-2012.