PEOPLE v. WALKER

4759, 338/91.

154 A.D.3d 559 (2017)

2017 NY Slip Op 07337

62 N.Y.S.3d 265

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHERMAN WALKER, Appellant.

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

Decided October 19, 2017.


The record on appeal is insufficient to permit review of defendant's assertion that the People failed to disclose whether any DNA-testable biological material relating to the underlying 1991 robbery exists. In any event, even if such material exists, the court properly denied the motion because, given the facts of the case, there is no reasonable probability that DNA testing of fingerprint evidence recovered from the crime scene (which was matched to defendant's fingerprints...

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