Legal Opinion

People v. Lebron

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

Decided September 27, 2011PublishedCited by 4 opinions

1Opinion of the Court

The defendant’s contention that, the Supreme Court erred in admitting into evidence testimony from the People’s expert witness regarding the probability of a coincidental match of a partial DNA profile obtained from the victim’s fingernails with a DNA profile in the local population is unpreserved for appellate review {see CPL 470.05 [2]; People v Peele, 73 AD3d 1219, *11631221 [2010]) and, in any event, is without merit. Where, as here, population studies are presented to estimate the probability of a coincidental DNA match, a defendant’s challenges to the population studies “go not to…

2Cases cited11 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. RiveraNew York Court of Appeals · 1988
  4. People v. CabanNew York Court of Appeals · 2005
  5. People v. WesleyNew York Court of Appeals · 1994

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3Cited by4 opinions

  1. People v. MorencyAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. LebronAppellate Division of the Supreme Court of the State of New York · 2015
  3. State v. Joseph McD.Appellate Division of the Supreme Court of the State of New York · 2013
  4. State v. Joseph McD.Appellate Division of the Supreme Court of the State of New York · 2013

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