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The Need For Speed And Judicial Notice: New York's Admissibility Of Lidar Technology In Law Enforcement, John D. Chillemi

St. John's Law Review

(Excerpt)

Focusing at the state level, this Note proposes to establish uniformity within New York State by means of judicial notice or legislative action. Part I provides a history, background, and the development of LIDAR, commencing with its predecessor, radar. It discusses LIDAR’s technical workings and the importance of its current usage to law enforcement. Part I also compares LIDAR to radar, which is nationally accepted. Part II explores New York’s adherence to the admissibility standard set forth in Frye v. United States, and shows how New York’s lower courts have been approaching the issue by analyzing several court …