(Download) "People State New York v. Levi Valentine" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Levi Valentine
- Author : Supreme Court of New York
- Release Date : January 08, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[53 A.D.2d 832 Page 832] It appears that the witness, Jenkins, did not tell the truth when he testified that, in the course of the robbery, a watch, which was later found in the possession of the defendant Petty, was taken from Jenkins' wrist. Following the trial, evidence was allegedly uncovered which tended to establish that the watch was actually purchased by defendant Petty. If the evidence against Petty and his co-defendants was based only on Jenkins' testimony, a new trial might well have to be ordered. But, this is not the case. There is far more evidence than that found in the testimony of Jenkins. Truly the evidence as to the guilt of these defendants is overwhelming. We note, too, the contention of the defendants that it was error for the trial court to refuse to allow Dr. Buckhout to testify as an expert on the question or subject of social and perceptual factors which affect eye witness unreliability or reliability. Dr. Buckhout was produced for the purpose of offering his expert testimony concerning the factors which, in his opinion, adversely affect the reliability of eyewitness identifications. The trial court correctly ruled that such testimony would infringe upon a properly instructed jury's power to determine the reliability of the People's evidence. We are of the view that the jury was properly instructed on the subject. Expert opinions were not [53 A.D.2d 832 Page 833]