OPINION OF THE COURT
DENA E. DOUGLAS, J.
Defendant Leonard Gill is charged with criminal possession of marihuana in the fifth degree (Penal Law § 221.10) and unlawful possession of marihuana (Penal Law § 221.05). Defendant moves as an indigent person to have the People carry out DNA testing of a marihuana cigarette that was alleged by the arresting officer as seen in defendant's mouth on the theory that should defendant's DNA not be present on...
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