PEOPLE v. HENRY

2008-03598.

80 A.D.3d 625 (2011)

914 N.Y.S.2d 288

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIEN HENRY, Appellant.

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

Decided January 11, 2011.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

In support of their case, the People introduced the results of what was referred to as a Low Copy Number (hereinafter LCN) DNA test, which purported to show that the defendant's DNA was found on or near the trigger of a recovered weapon...

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