Brian Shiffrin comments on 4th Dept case concluding that new science about “shaken-baby injuries” constitutes newly discovered evidence

Posted by on November 16, 2016 in Firm News

The Fourth Department’s recent decision in People v Bailey is the first appeals case in New York to conclude that new scientific findings about shaken-baby injuries constitute the type of newly discovered evidence that could overturn a conviction.

Brian Shiffrin of ETKS is quoted saying, in part, “It makes it both easier for defense attorneys to argue the science and it puts the burden back on prosecutors to show there is evidence to support the theory of shaken baby syndrome.”

Read the full Democrat & Chronicle article here.

Read the Fourth Department’s decision here.

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