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PEOPLE v. THOMAS

40 A.D.3d 232 (2007)

834 N.Y.S.2d 176

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD THOMAS, Appellant.

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

Decided May 1, 2007.

The court properly excluded evidence that an amylase stain found on the victim's underwear contained DNA from an unidentified man other than defendant. There was no violation of defendant's right to present a defense (see Crane v Kentucky, 476 U.S. 683, 689-690 [1986]) because, given the manner in which the crime was committed, the proffered evidence was irrelevant to even suggest the possibility that a third party was the perpetrator...

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