People v. Wesley

Chief Judge Kaye

(concurring). We conclude that it was

error to admit the DNA bloodstain analysis evidence in this case. We nevertheless agree that defendant’s conviction should be affirmed, because that evidence comprised only a minor part of the People’s case. Although the result is unaffected, we write separately out of concern, for future cases, that the principles governing admission of novel scientific evidence be correctly articulated and applied.

Lest we add to rather than ameliorate confusion, we begin by stating points on which the Court is unanimous.

The Court agrees unanimously that…