PEOPLE v. KELLY


288 A.D.2d 695 (2001)

732 N.Y.S.2d 484

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC R. KELLY, Appellant.

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

Decided November 21, 2001.


Rose, J.

Following a jury trial, defendant was convicted of sodomy in the third degree, but acquitted of five other charges, which all arose out of one incident involving a 15-year-old girl. Defendant was sentenced to a prison term of one year. He appeals and we now reverse.

Initially, we find no error in County Court's denial of defendant's request for production of the State Police laboratory's DNA testing protocols and procedure manuals. Since the generic...

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