A Shearman & Sterling litigation team achieved a significant victory for a pro bono client, Quentin Abney, in a case before the New York Court of Appeals that addressed an important due process issue. On October 27, 2009, the New York Court of Appeals issued a decision in People v. Abney reversing the conviction of Mr. Abney. The case addressed whether a defendant has a Constitutional right to present expert testimony as to the reliability of eyewitness identifications. Mr. Abney was convicted of robbing a 13-year old girl at knifepoint in a Manhattan subway stairwell and sentenced to 20 years to life. The People's entire case rested on a cross-racial identification by the 13-year old victim who testified that she was frightened and that the entire event occurred in mere seconds. The Appellate Division affirmed the conviction in a 3-2 decision and granted leave to appeal to the Court of Appeals. The Court of Appeals unanimously reversed and ordered a new trial.

The Shearman & Sterling team included partner Brian H. Polovoy (New York-Litigation) and associates Karen S. Hart (New York-Litigation), Ashley W. Walker (Washington, DC-Litigation) and Alexander J. Marcopoulos (New York-Litigation).