People v. Jardin

OPINION OF THE COURT

Gerald Sheindlin, J.

The defendant was indicted for rape in the first degree (Penal Law § 130.35 [1]) and related offenses. Two issues arose during the course of the ensuing jury trial which are the subject of the following opinion. First, the defendant moved for a ruling permitting him to introduce into evidence testimony establishing that he agreed to submit to a DNA test. The defendant argued that his submission of a blood sample demonstrated "consciousness of innocence” and was thus probative on the issue of guilt. Second, in an unrelated application, the People moved…