PEOPLE v. DAVIS

6223, 3732/07.

90 A.D.3d 432 (2011)

933 N.Y.S.2d 663

2011 NY Slip Op 8799

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODNEY DAVIS, Appellant.

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

Decided December 6, 2011.


Defendant raises several issues relating to DNA evidence. Defendant's DNA matched DNA found on a cigarette butt recovered from a bedroom at the burglarized premises, and it also matched DNA found in a bloodstain left on a wall. It appears that prior to trial both the prosecutor and defense counsel misunderstood a laboratory report to mean that a match was found as to the cigarette butt but not the bloodstain.

Defendant contends that his trial counsel rendered ineffective...

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