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PEOPLE v. SPROSTA

49 A.D.3d 784 (2008)

853 N.Y.S.2d 625

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN SPROSTA, Appellant.

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

Decided March 18, 2008.

Ordered that the judgment is affirmed.

At trial, the People offered into evidence the case files from the Office of the Chief Medical Examiner of New York City (hereinafter OCME) which contained the results of DNA testing of samples taken from the victim and the defendant. The files contained reports from an independent laboratory which, under contract with OCME, had performed the tests on the samples taken from the victim. An analyst employed by OCME developed the...

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