PEOPLE v. HARRIS

Not in source.

26 N.Y.3d 321 (2015)

43 N.E.3d 750

22 N.Y.S.3d 393

2015 NY Slip Op 08607

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVON HARRIS, Appellant.

Court of Appeals of New York.

Decided November 23, 2015.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Alexis A. Ascher of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens, ( Christine DiSalvo , Daniel Bresnahan and John M. Castellano of counsel), for respondent.

Judges RIVERA, STEIN and FAHEY concur; Judge ABDUS-SALAAM dissents in an opinion in which Judge PIGOTT concurs.


OPINION OF THE COURT

On the night of August 4, 2002, the complainant awoke in the dwelling where she was passing the night, to the sight of a man standing over her. She screamed and the man fled, but, as it turned out, not without leaving markers of his intrusion. In December 2010, DNA recovered from the complainant...

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