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People v. Mooney

559 N.E.2d 1274, 76 N.Y.2d 827, 560 N.Y.S.2d 115, 1990 N.Y. LEXIS 1988
CourtNew York Court of Appeals
DecidedJuly 10, 1990
StatusPublished
Cited by42 cases

This text of 559 N.E.2d 1274 (People v. Mooney) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mooney, 559 N.E.2d 1274, 76 N.Y.2d 827, 560 N.Y.S.2d 115, 1990 N.Y. LEXIS 1988 (N.Y. 1990).

Opinions

[828]*828OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

By pretrial motion, defendant sought to retain an expert witness to testify concerning factors that may influence a witness’s perception and memory and affect the reliability of identification testimony. The object of the proposed testimony was to discredit the testimony of the four robbery victims who had identified defendant as the perpetrator. Supreme Court denied the motion, and the Appellate Division affirmed the ensuing judgment of conviction, entered upon the jury’s guilty verdict as to each of the four robbery counts.

On this appeal, we need not decide whether the expert testimony sought to be presented was of the type that could, as a matter of law, properly be admitted. Here, the trial court based its decision to exclude the testimony in the exercise of its sound discretion to which the admission of such evidence would, if legally admissible at all, be entrusted. Our review powers are limited accordingly (see, People v Cronin, 60 NY2d 430, 433; Selkowitz v County of Nassau, 45 NY2d 97, 101-102).

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Bluebook (online)
559 N.E.2d 1274, 76 N.Y.2d 827, 560 N.Y.S.2d 115, 1990 N.Y. LEXIS 1988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mooney-ny-1990.