Legal Opinion
People v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided September 22, 2009PublishedCited by 6 opinions
1Opinion of the Court
— Order, Supreme Court, New York County (Michael J. Obús, J.), entered on or about August 8, 2008, which, to the extent appealed from, denied an *933evidentiary hearing on defendant’s CPL 440.30 (1-a) motion for DNA testing, unanimously affirmed.
The People presented detailed affidavits by the detectives and the prosecutor, based on personal knowledge, setting forth their diligent but unsuccessful efforts to locate certain items recovered in 1995 from the scene of a homicide. This satisfied the People’s burden to show that the evidence on which forensic DNA testing was to be performed could no…
2Cases cited1 opinion
- People v. PittsNew York Court of Appeals · 2005
3Cited by6 opinions
- Wallace G. Mitchell v. United StatesDistrict of Columbia Court of Appeals · 2013
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015
- Allen v. WalshDistrict Court, S.D. New York · 2025
- People v. FlaxAppellate Division of the Supreme Court of the State of New York · 2018
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