PEOPLE v. MARTIN

561 KA 19-00777.

197 A.D.3d 955 (2021)

150 N.Y.S.3d 649

2021 NY Slip Op 04847

The People of the State of New York, Respondent, v. Dydisci Martin, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( SHERRY A. CHASE OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIELLE E. PHILLIPS , OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25[1]). We reject defendant's contention that County Court erred in admitting in evidence a swab containing DNA. The testimony at trial established that the change in the swab's packaging was not "`a material and prejudicial change in the condition or nature...

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