Photo by Shutterstock.com Amid Pandemic, Criminal Cases Continued To Steer a Middle Course
In a term disrupted by the COVID-19 pandemic, the New York Court of Appeals decided 42 criminal cases and continued to steer a middle course.
August 21, 2020 at 03:04 PM
15 minute read
In a term disrupted by the COVID-19 pandemic, the New York Court of Appeals decided 42 criminal cases and continued to steer a middle course.
In People v. Williams, the court considered whether the results of low copy number (LCN) DNA testing were properly admitted against the defendant without the trial judge first holding a Frye hearing to determine if the test was generally accepted in the scientific community. (2020 NY Slip Op 02123). In an opinion by Judge Eugene Fahey, the court found that there was a "marked conflict with respect to the reliability of LCN DNA within the relevant scientific community" and therefore a Frye hearing was required. (It went on to find that the error was harmless because of the strength of the other evidence against Williams.)
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