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In its latest attempt to define “if,” “when,” and “how” questions swirling around the admissibility of expert testimony on the reliability of eyewitness identification, the New York Court of Appeals on Tuesday affirmed that trial courts have wide discretion to allow or disallow such testimony.

The court decided two cases, People v. Paris Drake, 63, and People v. Rudolph Young, 64, in which it provided some guidance on the use of experts questioning the reliability of eyewitness identifications. But mainly it left the issue in the hands of gatekeeping trial judges who will decide case by case whether to permit the testimony.

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