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PEOPLE v. GARDNER

2019-03012. Ind. No. 5377/04.

204 A.D.3d 1039 (2022)

167 N.Y.S.3d 159

2022 NY Slip Op 02816

The People of the State of New York, Respondent, v. Franklin Gardner, Appellant.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Cynthia Colt of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Seth M. Lieberman , and Ann Bordley of counsel), for respondent.

Dillon, J.P., Connolly, Brathwaite Nelson and Genovesi, JJ., concur.

Ordered that the judgment is affirmed.

On August 28, 1994, a 15-year-old girl was forced onto a Brooklyn rooftop and raped at gunpoint. A semen sample was collected following the assault, but no suspect was identified at the time. In 2002, as part of a backlog project, the semen sample was tested, and a male DNA profile was developed and uploaded into law enforcement DNA databases. Although no match was found, on August 25, 2004, an indictment was issued based upon...

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