Some states have not fully adopted the Daubert standard. Some of those states still follow the Frye standard while others follow a combination of Frye and Daubert. New York is one the states that does not follow Daubert. Identify the New York rules for expert witness admissibility. Identify the New York rules that implement the Frye standard and the Federal Rules of Evidence that implement the Daubert standard. How are the rules similar? How are they different? Find and discuss a New York court decision in which the court applied the Frye standard. Would the outcome of that case have been decided any differently under the Daubert standard?
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