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PEOPLE v. JARDIN

154 Misc.2d 172 (1992)

The People of the State of New York, Plaintiff, v. Evaristo Jardin, Defendant.

Supreme Court, Bronx County.

April 16, 1992

Attorney(s) appearing for the Case

Legal Aid Society (Robert Bornstein of counsel), for defendant. Robert T. Johnson, District Attorney (Tom Oliva of counsel), for plaintiff.

GERALD SHEINDLIN, J.

The defendant was indicted for rape in the first degree (Penal Law § 130.35 [1]) and related offenses. Two issues arose during the course of the ensuing jury trial which are the subject of the following opinion. First, the defendant moved for a ruling permitting him to introduce into evidence testimony establishing that he agreed to submit to a DNA test. The defendant argued that his...

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