long-recognized rule in New York

2025DISCUSSION "The long recognized rule of Frye v. United States ( 293 F. 1013 , 54 App. D.C. 46 (1923) is that expert testimony based on scientific principles or procedures is admissible but only after a principle or procedure has 'gained general acceptance' in its specified field .

2025DISCUSSION "The long recognized rule of Frye v. United States ( 293 F. 1013 , 54 App. D.C. 46 (1923) is that expert testimony based on scientific principles or procedures is admissible but only after a principle or procedure has 'gained general acceptance' in its specified field .

2011“Under a long-recognized exception to the best evidence rule, secondary evidence of the contents of an unproduced original may be admitted upon threshold factual findings by the trial court that the proponent of the substitute has sufficiently explained the unavailability of the primary evidence (Trombley v Seligman, 191 NY 400, 403 , supra-, Fisch, New York Evidence § 81, at 49 [2d ed]; see also, Fed Rules Evid, rule 1004) and has not procured its loss or destruction in bad faith (Fisch, New York Evidence §§ 88-89, at 55-56 [2d ed])” (Schozer v William Penn Life Ins.

1994Under a long-recognized exception to the best evidence rule, secondary evidence of the contents of an unproduced original may be admitted upon threshold factual findings by the trial court that the proponent of the substitute has sufficiently explained the unavailability of the primary evidence (Trombley v Seligman, 191 NY 400, 403 , supra; Fisch, New York Evidence §81, at 49 [2d ed]; see also, Fed Rules Evid, rule 1004) and has not procured its loss or destruction in bad faith (Fisch, New York Evidence §§88-89, at 55-56 [2d ed]).

1997“The long-recognized rule of Frye v United States (supra) is that expert testimony based on scientific principles or procedures is admissible but only after a principle or procedure has ‘gained general acceptance’ in its specified field” (People v Wesley, 83 NY2d 417, 422). 2 In our view, there is no scientific principle or procedure at issue here.

1986Although it is generally not proper for a statement of a codefendant to be introduced at a joint trial when that codefendant does not take the witness stand (see, Bruton v United States, 391 US 123 ; People v Cruz, 66 NY2d 61, 69 ), the Bruton rule has a long-recognized exception in this State.

2024Similar to the conclusion reached by the Second Circuit in Gingras v Think Fin., Inc. ( 922 F3d at 124 ), "[o]ur holding balances the competing interests of [the Nation and the State] as separate sovereigns" ( see Great Plains Lending, LLC v Department of Banking , 339 Conn at 155-156, 259 A3d at 1156).

2024Instead, claims relying upon a theory analogous to Ex parte Young "present a long-recognized exception to sovereign immunity" ( id . at 348 [emphasis omitted]), which has been endorsed by the Supreme Court ( see Michigan v Bay Mills Indian Community , 572 US at 796 ).

2018Realty, LLC , 22 NY3d 762, 780 ; Parker v Mobil Oil Corp. , 7 NY3d 434, 447 ; People v Wesley , 83 NY2d 417, 422 ; Ratner v McNeil-PPC, Inc. , 91 AD3d 63, 71-72 ).

2013Co. of N.Y., 84 NY2d 639, 643-645 [1994].) Surveillance videotapes fall under the “best evidence” rule (see People v Cyrus, 48 AD3d 150 [1st Dept 2007]).

2012Co. ( 8 NY3d 583 [2007]), an equitable interpleader action where we ruled that the trial court did not have discretion to award statutory interest.

2000(People v Wesley, supra.) “It is sufficient if the expert can state his opinion with a reasonable degree of certainty (see, e.g., Matter of Miller v National Cabinet Co., 8 NY2d 277 ).” (People v Allweiss, supra, at 50 .) A higher standard of “conclusive results” is applicable when the expert is called to assess credibility.

2000(People v Wesley, supra.) “It is sufficient if the expert can state his opinion with a reasonable degree of certainty (see, e.g., Matter of Miller v National Cabinet Co., 8 NY2d 277 ).” (People v Allweiss, supra, at 50 .) A higher standard of “conclusive results” is applicable when the expert is called to assess credibility.

1998It is simply investment income, and under the long-recognized doctrine of mobilia sequuntur personam ([“(m)ovables follow the * * * person”] Black’s Law Dictionary 905 [5th ed 1979]), it is subject to taxation by New York as the State of residence (see, Maguire v Trefry, 253 US 12,16 ).

1998As unlikely as it is that the minor would engage in sexual conduct directly for the parent’s “benefit”, 16 it is certainly not too remote that some information so derived might be subsequently applied in sexual activity by the child, thus subjecting the parent to possible prosecution notwithstanding the long-recognized principle that parental authority over the rearing of children is paramount and “basic in the structure of our society” (Ginsberg v New York, 390 US 629, 639 , supra). 17 The absence of a clear and uniform national standard of what is appropriate for children (an impossibility,

1998As unlikely as it is that the minor would engage in sexual conduct directly for the parent’s “benefit”, 16 it is certainly not too remote that some information so derived might be subsequently applied in sexual activity by the child, thus subjecting the parent to possible prosecution notwithstanding the long-recognized principle that parental authority over the rearing of children is paramount and “basic in the structure of our society” (Ginsberg v New York, 390 US 629, 639 , supra). 17 The absence of a clear and uniform national standard of what is appropriate for children (an impossibility,

1997The use of a trained canine is an investigative rather than a scientific procedure (see, People v Dunn, 77 NY2d 19 , cert denied 501 US 1219 ).

1997The use of a trained canine is an investigative rather than a scientific procedure (see, People v Dunn, 77 NY2d 19 , cert denied 501 US 1219 ).

1994Loss may be established upon a showing of a diligent search in the location where the document was last known to have been kept (see, Cole v Canno, 168 App Div 178 ; Dan v Brown, 4 Cow 483, 491; 57 NY Jur 2d, Evidence and Witnesses, § 262, at 518), and through the testimony of the person who last had custody of the original (see, Fisch, New York Evidence §§ 88-89, at 55-56 [2d ed]).

1994Loss may be established upon a showing of a diligent search in the location where the document was last known to have been kept ( see , Cole v Canno , 168 App Div 178 ; Dan v Brown , 4 Cow 483, 491; 57 NY Jur 2d, Evidence and Witnesses, § 262, at 518), and through the testimony of the person who last had custody of the original ( see , Fisch, New York Evidence §§ 88-89, at 55-56 [2d ed]).

1994The forum analysis developed out of the long-recognized principle that governments, whether State or Federal, are not required to permit all forms of speech on all property that they own and control (see, e.g., United States Postal Serv. v Greenburgh Civic Assns., 453 US 114, 129-130 ; Greer v Spock, 424 US 828, 836 ; Lehman v City of Shaker Hgts., 418 US 298, 302-303 ).