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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2009
65 A.D.3d 932 (N.Y. App. Div. 2009)

Opinion

No. 1025.

September 22, 2009.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about August 8, 2008, which, to the extent appealed from, denied an evidentiary hearing on defendant's CPL 440.30 (1-a) motion for DNA testing, unanimously affirmed.

Moskowitz Book Walsh, LLP, New York (Susan J. Walsh of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Hilary Hassler of counsel), for respondent.

Before: Gonzalez, P.J., Andrias, Catterson, Acosta and Abdus-Salaam, JJ.


The People presented detailed affidavits by the detectives and the prosecutor, based on personal knowledge, setting forth their diligent but unsuccessful efforts to locate certain items recovered in 1995 from the scene of a homicide. This satisfied the People's burden to show that the evidence on which forensic DNA testing was to be performed could no longer be located and was thus no longer available for testing ( see People v Pitts, 4 NY3d 303, 311-312).


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2009
65 A.D.3d 932 (N.Y. App. Div. 2009)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GARCIA, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 22, 2009

Citations

65 A.D.3d 932 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6592
886 N.Y.S.2d 110

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