Citing revelations of problems at the Nassau County Police Department’s now-closed crime lab—including the mislabeling of blood alcohol test results—a judge yesterday set aside the conviction of a woman facing up to seven years in prison for vehicular assault and ordered a new trial.
The decision by Nassau County Court Judge George R. Peck (See Profile), based on newly discovered evidence, to set aside the conviction of Erin Marino under Criminal Procedure Law §330 is believed to be the first to consider the legal consequences of problems at the crime lab, but others are anticipated.
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