Legal Opinion

People v. West

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 2007PublishedCited by 15 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the County Court of Schoharie County (Bartlett III, J.), entered August 21, 2006, which denied defendant’s motion pursuant to CPL 440.30 (1-a) for the performance of forensic DNA testing on specified evidence.

In 1997, following a jury trial, defendant was convicted of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree and endangering the welfare of a child. He was later sentenced to concurrent prison terms aggregating 25 years to life and, in 1999, we affirmed his conviction (257 AD2d 767, 768 [1999], lv denied 93 NY2d 880 [1999]).…

2Cases cited3 opinions

  1. People v. PittsNew York Court of Appeals · 2005
  2. People v. PughAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by15 opinions

  1. People v. BushAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. KaminskiAppellate Division of the Supreme Court of the State of New York · 2009
  3. Wallace G. Mitchell v. United StatesDistrict of Columbia Court of Appeals · 2013
  4. People v. FlaxAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2017

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