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PEOPLE v. GARCIA

65 A.D.3d 932 (2009)

886 N.Y.S.2d 110

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GARCIA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 22, 2009.

The People presented detailed affidavits by the detectives and the prosecutor, based on personal knowledge, setting forth their diligent but unsuccessful efforts to locate certain items recovered in 1995 from the scene of a homicide. This satisfied the People's burden to show that the evidence on which forensic DNA testing was to be performed could no longer be located and was thus no longer available for testing (see People v Pitts, 4 N.Y.3d 303<...

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