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PEOPLE v. DABBS

154 Misc.2d 671 (1991)

The People of the State of New York, Plaintiff, v. Charles Dabbs, Defendant.

Supreme Court, Westchester County.

November 7, 1991

Attorney(s) appearing for the Case

Andrew Michael Micek for defendant. Carl A. Vergari, District Attorney (Joseph Latino of counsel), for plaintiff.

NICHOLAS COLABELLA, J.

May a technological advance in the nature of DNA analysis of physical evidence nine years after a crime justify vacating a conviction for that crime and dismissing the underlying indictment. In a case of apparent first impression in the State, the court answers in the affirmative.1

I

On April 10, 1984, defendant was convicted of rape in...

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