PEOPLE v. AUSTIN

16011, 1712/10.

134 A.D.3d 559 (2015)

23 N.Y.S.3d 17

2015 NY Slip Op 09372

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER AUSTIN, Appellant.

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

Decided December 22, 2015.


At trial, the People's witnesses testified that scientific testing had shown that the DNA in blood evidence from the scene of the crime matched defendant's DNA. The blood evidence itself, however, was unavailable at trial because Hurricane Sandy (which had occurred less than a month earlier) had caused the flooding of the warehouse in which the evidence was stored.1 Contrary to defendant's argument, the trial court did not abuse its discretion...

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