Legal Opinion
People v. Byrdsong
Appellate Division of the Supreme Court of the State of New York
Decided August 1, 2006PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Goldstein, J.
At issue here is whether a defendant who pleads guilty to the crime in issue is entitled to deoxyribonucleic acid (hereinafter DNA) testing pursuant to CPL 440.30 (1-a). We find that relief pursuant to CPL 440.30 (1-a) is not available to a defendant who pleads guilty.
On December 7, 1981, the complainant was the victim of a crime perpetrated by three persons. The complainant contended that while one perpetrator held a gun to her head, another raped and anally sodomized her. She was also robbed and subjected to oral sodomy.
The complainant identified the…
2Cases cited17 opinions
- Weeks v. StateSupreme Court of Missouri · 2004
- People v. PittsNew York Court of Appeals · 2005
- People v. LatellaAppellate Division of the Supreme Court of the State of New York · 1985
- Dabbs v. VergariNew York Supreme Court · 1990
- People v. PughAppellate Division of the Supreme Court of the State of New York · 2001
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. WinslowNebraska Supreme Court · 2007
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- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2008
- People v. FoxworthAppellate Division of the Supreme Court of the State of New York · 2011
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