voice stress test in New York

6 New York opinions name it 3 courts 1980–2009 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
People v. Donaldsongreen nyappdiv · 1971 · cited in 1 New York opinions naming this issue, 2009–2009 1 sentence 2009New York courts have also applied Frye with regard to the Intoxilyzer and concluded that general acceptance by the scientific community has been sufficiently established to authorize the introduction of breathalyzer test results (People v Hampe, 181 AD2d 238, 240 [3d Dept 1992]; People v Donaldson, 36 AD2d 37, 40 [4th Dept 1971]).	1	1
People v. Hampegreen nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2009–2009 1 sentence 2009New York courts have also applied Frye with regard to the Intoxilyzer and concluded that general acceptance by the scientific community has been sufficiently established to authorize the introduction of breathalyzer test results (People v Hampe, 181 AD2d 238, 240 [3d Dept 1992]; People v Donaldson, 36 AD2d 37, 40 [4th Dept 1971]).	1	1
People v. Deskovicgreen nyappdiv · 1994 · cited in 1 New York opinions naming this issue, 2001–2001 1 sentence 2001Defendant challenged the voluntariness of the statement that he made to police after the test was administered, and thus that evidence was admissible (see, People v Tarsia, 50 NY2d 1, 8-9 ; see generally, People v Deskovic, 201 AD2d 579, 580 , lv denied 83 NY2d 1003 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
People v. Tarsia green ny · 1980 2 sentences 2009Likewise, application of Frye has necessitated the exclusion of certain evidence (People v Tarsia, 50 NY2d 1 [1980] [excluding the results of tests conducted with the voice stress analysis]; People v Leone, 25 NY2d 511 [1969] [excluding the results of lie detection tests conducted with the polygraph]; People v Forte, 279 NY 204 [1938] [excluding the results of lie detection tests conducted with the pathometer]). 1982New York has adopted a test identical to the Frye rule in considering the admissibility of evidence produced by various scientific procedures, viz., whether the reliability of the results of a procedure is generally acknowledged in the scientific community (see People v Middleton, 54 NY2d 42 , admitting bite mark evidence; People v Leone, 25 NY2d 511 , excluding results of a polygraph test; People v Forte, 279 NY 204 , holding pathometer exam readings not admissible; People v Tarsia, 67 AD2d 210 , affd 50 NY2d 1 , excluding results of a voice stress test).	4	1981–2009
People v. Leone green ny · 1969 2 sentences 2009Likewise, application of Frye has necessitated the exclusion of certain evidence (People v Tarsia, 50 NY2d 1 [1980] [excluding the results of tests conducted with the voice stress analysis]; People v Leone, 25 NY2d 511 [1969] [excluding the results of lie detection tests conducted with the polygraph]; People v Forte, 279 NY 204 [1938] [excluding the results of lie detection tests conducted with the pathometer]). 1982New York has adopted a test identical to the Frye rule in considering the admissibility of evidence produced by various scientific procedures, viz., whether the reliability of the results of a procedure is generally acknowledged in the scientific community (see People v Middleton, 54 NY2d 42 , admitting bite mark evidence; People v Leone, 25 NY2d 511 , excluding results of a polygraph test; People v Forte, 279 NY 204 , holding pathometer exam readings not admissible; People v Tarsia, 67 AD2d 210 , affd 50 NY2d 1 , excluding results of a voice stress test).	3	1980–2009
People v. Forte green ny · 1938 2 sentences 2009Likewise, application of Frye has necessitated the exclusion of certain evidence (People v Tarsia, 50 NY2d 1 [1980] [excluding the results of tests conducted with the voice stress analysis]; People v Leone, 25 NY2d 511 [1969] [excluding the results of lie detection tests conducted with the polygraph]; People v Forte, 279 NY 204 [1938] [excluding the results of lie detection tests conducted with the pathometer]). 1982New York has adopted a test identical to the Frye rule in considering the admissibility of evidence produced by various scientific procedures, viz., whether the reliability of the results of a procedure is generally acknowledged in the scientific community (see People v Middleton, 54 NY2d 42 , admitting bite mark evidence; People v Leone, 25 NY2d 511 , excluding results of a polygraph test; People v Forte, 279 NY 204 , holding pathometer exam readings not admissible; People v Tarsia, 67 AD2d 210 , affd 50 NY2d 1 , excluding results of a voice stress test).	2	1982–2009
People v. Michaud green nyappdiv · 1998 1 sentence 2002Defense counsel not only failed to object to the prosecutor’s questions, but also opened the door to those questions during defendant’s direct examination (see People v Michaud, 248 AD2d 823, 824 , lv denied 91 NY2d 1010 ; cf. People v Uriah, 261 AD2d 848 ), and thus we likewise decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see 470.15 [6] [a]).	1	2002–2002
People v. Uriah green nyappdiv · 1999 1 sentence 2002Defense counsel not only failed to object to the prosecutor’s questions, but also opened the door to those questions during defendant’s direct examination (see People v Michaud, 248 AD2d 823, 824 , lv denied 91 NY2d 1010 ; cf. People v Uriah, 261 AD2d 848 ), and thus we likewise decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see 470.15 [6] [a]).	1	2002–2002
People v. Tarsia green nyappdiv · 1979 1 sentence 1982New York has adopted a test identical to the Frye rule in considering the admissibility of evidence produced by various scientific procedures, viz., whether the reliability of the results of a procedure is generally acknowledged in the scientific community (see People v Middleton, 54 NY2d 42 , admitting bite mark evidence; People v Leone, 25 NY2d 511 , excluding results of a polygraph test; People v Forte, 279 NY 204 , holding pathometer exam readings not admissible; People v Tarsia, 67 AD2d 210 , affd 50 NY2d 1 , excluding results of a voice stress test).	1	1982–1982
People v. Middleton green ny · 1981 1 sentence 1982New York has adopted a test identical to the Frye rule in considering the admissibility of evidence produced by various scientific procedures, viz., whether the reliability of the results of a procedure is generally acknowledged in the scientific community (see People v Middleton, 54 NY2d 42 , admitting bite mark evidence; People v Leone, 25 NY2d 511 , excluding results of a polygraph test; People v Forte, 279 NY 204 , holding pathometer exam readings not admissible; People v Tarsia, 67 AD2d 210 , affd 50 NY2d 1 , excluding results of a voice stress test).	1	1982–1982
People v. McGuffin neutral nyappdiv · 1976 1 sentence 1980Although there is no per se rule which makes confessions that follow on the heels of such a test inadmissible (see People v McGuffin, 55 AD2d 772, 773 ; United States v McDevitt, 328 F2d 282, 284 [involving polygraphs]), it would be naive to assume that the potential for abuse does not exist (see Bruner v People, 113 Col 194), or that, in appropriate circumstances, the use of voice stress test, like a polygraph, might not be a factor contributing to an involuntary confession (see People v Leonard, 59 AD2d 1, 14-15 ; People v Zimmer, 68 Misc 2d 1067 , affd 40 AD2d 955 ; Ann., 23 ALR2d 1306).	1	1980–1980
People v. Leonard green nyappdiv · 1977 1 sentence 1980Although there is no per se rule which makes confessions that follow on the heels of such a test inadmissible (see People v McGuffin, 55 AD2d 772, 773 ; United States v McDevitt, 328 F2d 282, 284 [involving polygraphs]), it would be naive to assume that the potential for abuse does not exist (see Bruner v People, 113 Col 194), or that, in appropriate circumstances, the use of voice stress test, like a polygraph, might not be a factor contributing to an involuntary confession (see People v Leonard, 59 AD2d 1, 14-15 ; People v Zimmer, 68 Misc 2d 1067 , affd 40 AD2d 955 ; Ann., 23 ALR2d 1306).	1	1980–1980
People v. Zimmer green nycountyct · 1972 1 sentence 1980Although there is no per se rule which makes confessions that follow on the heels of such a test inadmissible (see People v McGuffin, 55 AD2d 772, 773 ; United States v McDevitt, 328 F2d 282, 284 [involving polygraphs]), it would be naive to assume that the potential for abuse does not exist (see Bruner v People, 113 Col 194), or that, in appropriate circumstances, the use of voice stress test, like a polygraph, might not be a factor contributing to an involuntary confession (see People v Leonard, 59 AD2d 1, 14-15 ; People v Zimmer, 68 Misc 2d 1067 , affd 40 AD2d 955 ; Ann., 23 ALR2d 1306).	1	1980–1980
People v. Leonti green ny · 1966 1 sentence 1980B., 23 NY2d 611, 616 ; People v Leonti, 18 NY2d 384 ).	1	1980–1980
People v. Stephen J. B. green ny · 1969 1 sentence 1980B., 23 NY2d 611, 616 ; People v Leonti, 18 NY2d 384 ).	1	1980–1980

Where else courts name it

NY 6 (1980–2009) WI 5 (1994–2021) MD 3 (1998–2014) OH 2 (2005–2006) NH 2 (1983–2005) LA 2 (1989–1994)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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