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PEOPLE v. JOHN

No. 29.

27 N.Y.3d 294 (2016)

52 N.E.3d 1114

33 N.Y.S.3d 88

2016 NY Slip Op 03208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN JOHN, Appellant.

Court of Appeals of New York.

Decided April 28, 2016.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, Appellate Advocates, New York City (Dina Zloczower of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn (Sholom J. Twersky and Leonard Joblove of counsel), for respondent.

Wilmer Cutler Pickering Hale and Dorr LLP, New York City (Julia C. Pilcer of counsel), Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts (Felicia H. Ellsworth and Reuven Dashevsky of counsel), Seth Miller, Innocence Network, Tallahassee, Florida, and Innocence Project, New York City (Dana M. Delger, David Loftis, M. Chris Fabricant and Susan Friedman of counsel), amicus curiae.

Judges RIVERA, STEIN and FAHEY concur; Judge GARCIA dissents and votes to affirm in an opinion in which Judges PIGOTT and ABDUS-SALAAM concur.

OPINION OF THE COURT

On this appeal, we address whether defendant's Sixth Amendment right to confront the witnesses against him was violated when the People introduced DNA reports into evidence, asserting that defendant's DNA profile was found on the gun that was the subject of the charged possessory weapon offense...

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