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PEOPLE v. TSINTZELIS

Nos. 17 & 18.

35 N.Y.3d 925 (2020)

146 N.E.3d 1160

124 N.Y.S.3d 1

2020 NY Slip Op 02026

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE TSINTZELIS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE VELEZ, Appellant.

Court of Appeals of New York.

Decided March 24, 2020.

Attorney(s) appearing for the Case

Janet E. Sabel , Legal Aid Society, New York City ( Tomoeh Murakami Tse of counsel), for appellant in the first above-entitled action.

Melinda Katz , District Attorney, Kew Gardens ( Christopher J. Blira-Koessler , Robert J. Masters , John M. Castellano , and Joseph N. Ferdenzi of counsel), for respondent in the first above-entitled action.

Paul Skip Laisure , Appellate Advocates, New York City ( Yvonne Shivers of counsel), for appellant in the second above-entitled action.

Melinda Katz , District Attorney, Kew Gardens ( Christopher J. Blira-Koessler , Jonathan K. Wi , Robert J. Masters , John M. Castellano , and Joseph N. Ferdenzi of counsel), for respondent in the second above-entitled action.

OPINION OF THE COURT

MEMORANDUM.

In each case the order of the Appellate Division should be reversed and a new trial ordered.

In People v John, we held that, when confronted with testimonial DNA evidence at trial, a defendant is entitled to cross-examine "an analyst who witnessed, performed or supervised the generation of defendant's DNA profile, or who used his or her independent analysis on the raw data" (27 N.Y.3d 294<...

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