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STATE v. BREEST

No. 2013-813.

108 A.3d 623 (2014)

The STATE of New Hampshire v. Robert BREEST.

Supreme Court of New Hampshire.

Opinion Issued: December 19, 2014.

Attorney(s) appearing for the Case

Joseph A. Foster , attorney general ( Elizabeth C. Woodcock , assistant attorney general, on the brief and orally), for the State.

Albert E. Scherr , of Concord, by brief, and Boies, Schiller & Flexner LLP, of Armonk, New York ( Ian M. Dumain on the brief and orally), for the defendant.

The defendant, Robert Breest, appeals an order of the Superior Court (Smukler, J.) denying his motion for a new trial based upon the results of DNA testing conducted with the consent of the State. We vacate and remand.

The pertinent facts are not in dispute. In 1973, the defendant...

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