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Legal Opinion

The People v. Nnamdi Clarke

New York Court of Appeals

Decided October 25, 2016No. 128PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge DiFiore.

On this appeal, we are asked to review whether the Appellate Division erred in holding that the People were chargeable with the period of delay of 161 days for DNA testing after having failed to exercise due diligence in seeking defendant’s DNA exemplar in order to conduct comparative testing with the DNA obtained by the Office of Chief Medical Examiner (OCME) from the gun that was the subject of weapons offenses charged in the indictment. We hold that the Appellate Division properly determined that the People did not exercise due diligence in obtaining…

2Cases cited9 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. People v. AndersonNew York Court of Appeals · 1985
  3. People v. OsgoodNew York Court of Appeals · 1980
  4. People v. McKennaNew York Court of Appeals · 1990
  5. People v. CarterNew York Court of Appeals · 1998

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3Cited by9 opinions

  1. People ex rel. Hereth v. FranchiAppellate Division of the Supreme Court of the State of New York · 2023
  2. People v. ReganAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. BanksNew York Supreme Court, New York County · 2024
  4. People v. BanksNew York Supreme Court, New York County · 2024
  5. People v. BanksNew York Supreme Court, New York County · 2024

4 more not listed; retrieve them via the Exa API.

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