People v. Rush

OPINION OF THE COURT

Alan D. Marrus, J.

This case presents an issue of apparent first impression in New York. In a criminal prosecution, can DNA evidence alone establish a legally sufficient case of a defendant’s guilt? While there appears to be general acceptance of the notion that DNA evidence alone can exculpate a defendant accused or *822even convicted of a crime,1 no reported decision in New York has determined that DNA evidence alone can inculpate a defendant sufficiently to support a guilty verdict.

Here the People commenced trial with a complainant who had been robbed and raped at knifepoint…