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PEOPLE v. GARCIA

2650/09.

39 Misc.3d 482 (2013)

963 N.Y.S.2d 517

2013 NY Slip Op 23053

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PABLO GARCIA, Defendant.

Supreme Court, Bronx County.

February 13, 2013.

Attorney(s) appearing for the Case

Robert M. Moll , New York City, for defendant. Robert T. Johnson , District Attorney, Bronx ( Rachel S. Singer of counsel), for plaintiff.

OPINION OF THE COURT

NICHOLAS IACOVETTA, J.

This opinion addresses whether a Frye hearing is required before the prosecution can introduce the results of low copy number (hereinafter LCN) DNA testing or testimony concerning the forensic statistical tool (hereinafter FST) used to calculate likelihood probability ratios when testing a mixture containing several DNA profiles (see Frye v United States, 293 F 1013 [DC Cir 1923]).

Defendant...

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