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PEOPLE v. AUSTIN

No. 97.

30 N.Y.3d 98 (2017)

86 N.E.3d 542

64 N.Y.S.3d 650

2017 NY Slip Op 07300

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

Court of Appeals of New York.

Decided October 19, 2017.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Matthew White , Marianne Stracquadanio , Nancy Killian and Rafael Curbelo of counsel), for respondent.

Judges RIVERA, STEIN, FAHEY, WILSON and FEINMAN concur; Judge GARCIA concurs in result in a separate concurring opinion.

OPINION OF THE COURT

The issue presented by this appeal is whether defendant's Sixth Amendment right to confrontation was violated by the introduction of DNA evidence through the testimony of a witness who had not performed, witnessed or supervised the generation of...

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