New York Criminal Lawyer Blog
This case involves the People of the State of New York versus the defendant Quentin Abney. The case is being heard in the Supreme Court of the State of New York located in New York County.
Case Background
The defendant has been convicted by a jury for the crime of holding a six inch knife to the throat of a girl who was thirteen years old at the time and ripping a chain from around her neck. A the only witness in the crime was the victim. The incident only lasted a few seconds. There was no evidence submitted in the case aside from the victim’s identification of the defendant.
The defendant contends that the trial judge of the case abused his discretion by not allowing the defendant the right to have expert testimony in the trial in respect to the reliability of eyewitness identifications. There was no Frye hearing held before the trial.
The New York Court of Appeals reversed the conviction of the defendant on the 27th of October, 2009 and a new trial was ordered.
Case Facts
On the second of June, 2005 around 3:20 in the afternoon the victim was on her way home from school. She was going down the stairs to the subway when she was approached by a man that she did not know. A Long Island Criminal Lawyer said the man asked her for change. The man was about two feet in front of her and she didn’t feel threatened. She told him that she did not have any change.
The victim started to walk away and the stranger went in front of her. He took a knife with a six inch blade and curved in to her throat and demanded that she give him her necklace. She refused and shouted “No.” The man then ripped the necklace from her throat and ran off.
The victim went down the rest of the steps into the subway and reported the incident to a ticket clerk. Detective Dejesus reported to the scene. She gave a description of the man as a black man, in his thirties, over six feet tall, with pink lips and wearing a short sleeve shirt that was blue and a blue bandana.
The detective suspected the defendant Quentin Abney as he had recently been arrested for a similar crime. He showed the victim six different pictures including on of the defendant and asked if she recognized any of them. She pointed out the defendant. She also identified the defendant in a police lineup that was later conducted. The defendant was arrested after this identification process.
Court Decision
The court has reviewed the facts of this case. After careful review the court will grant part of the motion made by the defendant and deny part of the motion. A New York Sex Crimes Lawyer said the portion of the defendant’s motion to introduce expert testimony in the trial in respect to stress at the event, focus on the weapon, duration of the event, and the effect of post event information on the accuracy of identification will be allowed. The motion for expert testimony to be introduced at trial in regard to own race bias is denied.
If you need legal advice of any kind contact Stephen Bilkis & Associates. Our offices are located in New York City for your convenience. You may contact any of our offices to set up a free consultation. During your consultation our team of expert litigators will help you determine what your legal rights are and what your best course of action would be for your particular circumstances, whether you have been charged with assault, sex crimes or drug possession.