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STATE v. PETERSON

836 A.2d 821 (2003)

364 N.J. Super. 387

STATE of New Jersey, Plaintiff-Respondent, v. Larry L. PETERSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 2003.

Attorney(s) appearing for the Case

Vanessa Potkin of the New York bar, admitted pro hac vice, argued the cause for appellant (Rutgers University Law School Urban Legal Clinic, attorneys; Ms. Potkin and Marcia Levy, Newark, on the brief).

Kristen M. Harberg, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Ms. Harberg, of counsel and on the brief).

Before Judges SKILLMAN, COBURN and WELLS.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

In 2002, the Legislature enacted a statute which provides that a person convicted of a crime who is currently serving a term of imprisonment may obtain DNA testing of evidence probative of guilt or innocence. L. 2001, c. 377; N.J.S.A. 2A:84A-32a. This appeal requires us to interpret two of the conditions a convicted person must establish to obtain such DNA testing—that...

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