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PEOPLE v. WESLEY

83 N.Y.2d 417 (1994)

633 N.E.2d 451

611 N.Y.S.2d 97

The People of the State of New York, Respondent, v. George Wesley, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1994.

Attorney(s) appearing for the Case

Roger M. Fritts, Public Defender of Albany County, Albany (Douglas P. Rutnik and Jeanne M. Heran of counsel), for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (George H. Barber of counsel), for respondent.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Peter D. Coddington and Nikki Kowalski of counsel), for The District Attorneys Association of the State of New York, amicus curiae.

G. Oliver Koppell, Attorney-General, Albany (Richard H. Girgenti, Jerry Boone, Peter H. Schiff and M. Dawn Herkenham of counsel), for the Division of Criminal Justice Services, amicus curiae.

Barry C. Scheck, New York City, Lawrence Vogelman, Ellen Yaroshefsky and Peter Neufeld for Cardozo Criminal Law Clinic, amicus curiae.

Judges SIMONS and BELLACOSA concur with Judge SMITH; Chief Judge KAYE concurs in result in a separate opinion in which Judge CIPARICK concurs; Judges TITONE and LEVINE taking no part.

SMITH, J.

The primary issues on this appeal are whether DNA profiling evidence is admissible in this State and, if so, whether it should have been admitted against defendant in this case. Because such evidence has been accepted and found reliable by the relevant scientific community and because no error was committed in the circumstances of this case, we affirm.

Facts

Defendant...

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