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PEOPLE v. RUSH

242 A.D.2d 108 (1998)

672 N.Y.S.2d 362

The People of the State of New York, Respondent, v. Basheen Rush, Appellant

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

April 27, 1998

Attorney(s) appearing for the Case

Richard Herzfeld, New York City, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Ruth E. Ross of counsel), for respondent.

BRACKEN, J. P., O'BRIEN and ALTMAN, JJ., concur.

THOMPSON, J.

The defendant was convicted, upon a jury verdict, of one count each of rape in the first degree and robbery in the first degree. The principal evidence implicating the defendant in the commission of the crimes was a DNA profile, which revealed that his DNA matched the DNA in a semen sample recovered from the victim. The DNA profile established that the likelihood of another person having the same...

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