New York Supreme Court September 30, 1985 (People v. Eybergen)

OPINION OF THE COURT

Irving Lang, J.

Does the failure to follow the guidelines enunicated in People v Hughes (59 NY2d 523) automatically preclude the use of identification testimony of a witness who has been hypnotized?

background

On June 8, 1980, Raymond Alberti, Sr. was shot in his Co-op City apartment and instantly killed. For almost three years, the police had no suspects in the homicide.