PEOPLE v. MARTINEZ


52 A.D.3d 68 (2008)

855 N.Y.S.2d 522

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MARTINEZ, Appellant.

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

April 17, 2008.


Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Mugambi Jouet and Rosemary Herbert of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eric Rosen, Richard Nahas and Julie Paltrowitz of counsel), for respondent.

ANDRIAS, J.P., NARDELLI, WILLIAMS and McGUIRE, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

The issue in this case of first impression is whether an indictment that identifies a defendant solely by his or her DNA markers satisfies the defendant's constitutional right to notice. We hold that it does.

On October 31, 1996, the complainant, a 20-year-old female, was sexually assaulted at gunpoint in the Lafayette/Canal Street subway station. The assailant held a gun to the complainant, took her money and stated...

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