Judgment unanimously affirmed.
Memorandum:
The failure of the People to perform a secretor test or to keep the rape kit in cold storage did not deprive defendant of a fair trial. The Monroe County forensic chemist, Alfred Di Pasqua, testified that rape kits are not normally kept in cold storage and that, because of lack of manpower, secretor testing is ordinarily performed only on request from the prosecutor or defense counsel, or by court order. Although...
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