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PEOPLE v. CLARKE

No. 128.

28 N.Y.3d 48 (2016)

63 N.E.3d 1144

41 N.Y.S.3d 200

2016 NY Slip Op 06939

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NNAMDI CLARKE, Respondent.

Court of Appeals of New York.

Decided October 25, 2016.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Sharon Y. Brodt , Robert J. Masters and John M. Castellano of counsel), for appellant.

Lynn W.L. Fahey , Appellate Advocates, New York City ( William G. Kastin of counsel), for respondent.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

On this appeal, we are asked to review whether the Appellate Division erred in holding that the People were chargeable with the period of delay of 161 days for DNA testing after having failed to exercise due diligence in seeking defendant's DNA exemplar...

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