In this County Court (Monroe County, New York) case, Judge James J. Piampiano ordered a new trial for the defendant, who was previously convicted of Murder in the Second Degree, holding that newly discovered evidence regarding Shaken Baby Syndrome warranted vacatur. The court concluded that expert witness testimony based on a shift in medical consensus surrounding head injuries in children constituted “new evidence” of such character as to create a probability that the result would change if a new trial was granted. The court also characterized proffered testimony of a daycare worker who had not testified at trial as “credible and compelling,” but found it unnecessary to address whether or not this testimony constituted new evidence. People v. Bailey, 47 Misc.3d 355 (2014)*.
*An appeal, linked here, was filed by the State challenging the finding that the proffered medical testimony constituted new evidence. The 2014 judgement was unanimously affirmed.