People v. Gill

OPINION OF THE COURT

Dena E. Douglas, J.

Defendant Leonard Gill is charged with criminal possession of marihuana in the fifth degree (Penal Law § 221.10) and unlawful possession of marihuana (Penal Law § 221.05). Defendant moves as an indigent person to have the People carry out DNA testing of a marihuana cigarette that was alleged by the arresting officer as seen in defendant’s mouth on the theory that should defendant’s DNA not be present on the cigarette it would provide exculpatory evidence to support defendant’s claim of innocence. The People have not opposed defendant’s motion.

A basic…