'Oddone' and Experience-Based Expert Opinion

, New York Law Journal

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In his Evidence column, Michael J. Hutter, a professor at Albany Law School, writes that a threshold question in applying 'Frye' is whether the principle or procedure that would be the subject of an expert's testimony is "scientific" and if so, whether it is "novel." In 'People v. Oddone,' the Court of Appeals addressed the first part of this question in the context of an expert opinion based on the expert's personal experience.

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