People v. Corey

OPINION OF THE COURT

Mark Dwyer, J.

Defendant was indicted, and has now been convicted, of burglary in the second degree. (Penal Law § 140.25.) During trial, the prosecutor introduced evidence that defendant’s blood was found in the victims’ apartment. In particular, the People introduced evidence about the DNA on a bloodstain in one victim’s bedroom; about the defendant’s DNA; and about the victim’s DNA. That evidence dramatically incriminated defendant. The trial was conducted in the immediate wake of People v John (27 NY3d 294 [2016]). This opinion is written to explain why, under the rules…