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PEOPLE v. HERNANDEZ

2013-01682, 2013-01687, 2013-01691.

140 A.D.3d 1187 (2016)

35 N.Y.S.3d 381

2016 NY Slip Op 05169

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REBECCA HERNANDEZ, Appellant.

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

Decided June 29, 2016.

Ordered that the judgments are affirmed.

Contrary to the defendant's contention, her trial counsel was not ineffective for failing to object to the admission of certain DNA evidence based upon the Confrontation Clause of the Sixth Amendment to the United States Constitution (see US Const 6th Amend; People v Caban, 5 N.Y.3d 143, 152 [2005]). The objection would not have been successful because the DNA report was clearly...

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