PEOPLE v. BUTLER

2013-07545. Ind. No. 3317/11.

183 A.D.3d 665 (2020)

121 N.Y.S.3d 684

2020 NY Slip Op 02676

The People of the State of New York, Respondent, v. Derrick Butler, Appellant.

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

Decided May 6, 2020.


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

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" (People v John, 27 N.Y.3d 294, 315 [2016...

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