PEOPLE v. FOSTER-BEY

2013-10798. Ind. No. 9239/10.

158 A.D.3d 641 (2018)

67 N.Y.S.3d 846

2018 NY Slip Op 00845

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJAH FOSTER-BEY, Appellant.

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

Decided February 7, 2018.


Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's motion to exclude, or, alternatively, to conduct a hearing pursuant to Frye v United States (293 F 1013 [DC Cir 1923]) to determine the admissibility of, expert testimony relating to low copy number (LCN) DNA testing and the forensic statistical tool (FST). "A court need not hold a Frye hearing where it can rely upon previous rulings...

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