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PEOPLE v. WALTERS

2015-02515, Ind. No. 3164/13.

172 A.D.3d 916 (2019)

99 N.Y.S.3d 404

2019 NY Slip Op 03632

The People of the State of New York, Respondent, v. Darryl Walters, Appellant.

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

Decided May 8, 2019.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

The defendant contends that the Supreme Court violated his Sixth Amendment right to confrontation by admitting into evidence records of a DNA analysis performed by the Office of the Chief Medical Examiner of the City of New York. This contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Fermin,

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