X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER The defendant is charged with Criminal Possession of a Weapon in the Second Degree (Penal Law §265.03) and related charges. On April 28, 2023, parole officers conducted a home visit at 195 East 32 Street, Kings County, where the defendant resides in the basement apartment. During the search of the defendant’s home, Parole Officer Moore recovered a loaded pistol from a black bag in the ceiling of the basement. Officer Moore called the New York City Police Department (hereinafter “NYPD”), and the defendant was placed under arrest. The NYPD Evidence Collection Team (hereinafter “ECT”) responded to the location and recovered the aforementioned pistol. The pistol was swabbed, and those swabs were vouchered under Property Clerk Invoice #3001579791. These swabs were submitted to the New York City Office of the Chief Medical Examiner (hereinafter “OCME”), Forensic Biology Department for DNA testing and analysis relating to the presence of DNA material. An OCME criminalist performed analyses on the firearm swabs and issued a written report on May 18, 2023, Lab No. FB23-02537 (see People’s Exhibit 1). According to the report, the DNA profiles of the individual contributors to the mixture on the swab sample from the “front/back strap/side grips” were not determined, but the results were suitable for comparison (id.). The report also stated that no interpretation or comparisons were made as to the samples from the “trigger/trigger guard” or “slide grip grooves/slide release/mag release” because the mixtures were best described as five or more contributors (id.). On June 5, 2024, the People filed a motion seeking an order pursuant to Matter of Abe A., 56 NY2d 288 (1982) and Criminal Procedure Law (hereinafter “CPL”) 245.40(1)(e) authorizing the taking of a buccal/saliva swab from the defendant. The defendant opposed that motion. On or about August 8, 2023, this Court issued a decision authorizing the swab. The defendant was swabbed in court on August 29, 2023. That swab was vouchered under Property Clerk Invoice #3001631334 and submitted to the OCME Forensic Biology Department for comparison against the DNA swabs from the recovered firearm. On September 15, 2023, a second report was issued under lab number FBS23-01683. According to that report, The DNA mixture found on the swab of “front/back strap/side grips” is estimated to be 2.54 times more probable if the sample originated from Javaughn Higgins and three unknown persons than if it originated from four unknown persons. This likelihood ratio value is within the uninformative range. Therefore, this does not support whether Javaughn Higgins is included or excluded as a contributor to the sample (People’s Exhibit 2). On September 27, 2024, the defendant filed written notice that they intended to call Tiffany Ann Roy, an expert in the field of DNA. This notice included the doctor’s curriculum vitae, listing all of her publications and presentations, education, and experience. According to the notice, Ms. Roy would provide, Testimony on the state of scientific research on considering relatives when formulating propositions for likelihood ratios in forensic DNA analysis. Specifically, when formulating propositions to consider for DNA evidence, DNA analysts should consider task-relevant information, including the possibility of relatives on the scene. Tiffany Roy may also testify to the state of scientific research on DNA transfer, persistence, prevalence, and recovery (DNA-TPPR) and discuss how DNA-TPPR research applies to the DNA testing results produced by OCME in this case (see Defense Notice at 1-2). On October 17, 2024, the People filed this motion in limine, seeking to preclude the expert’s testimony. The People argue that the testimony of the expert would not be relevant. Specifically, they argue that the likelihood ratio value is in the uninformative range, that “there is no positive associations between the defendant and the evidence in this case and therefore, any testimony by Defense’s DNA expert would add nothing of value to the fact finders” (People’s Motion at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Our client, a boutique plaintiffs firm is seeking to hire a junior to mid-level litigation associate to join its growing team. Hired associ...


Apply Now ›

SALARY: $8,000.69 Biweekly$17,334.83 Monthly$208,017.95 AnnuallyOPENING DATE: 01/29/2025CLOSING DATE: 02/27/2025 11:59 PM PacificDEFINITION/...


Apply Now ›

Our client is seeking to hire a supervisory attorney for their growing Alabama team. Qualified candidates will have 8+ years of litigation...


Apply Now ›