PEOPLE v. JARDIN


216 A.D.2d 105 (1995)

628 N.Y.S.2d 275

The People of the State of New York, Respondent, v. Evaristo Jardin, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 15, 1995


The court did not commit error in denying defendant a hearing on whether the People were negligent in collecting or preserving vaginal swabs in which sperm was found for DNA testing, and in prohibiting cross-examination of the People's experts with respect to DNA testing, since identity was not an issue, defendant having testified to consensual sexual contact not involving intercourse, and the complainant did not testify that defendant had ejaculated but had achieved penetration...

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