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PEOPLE v. PATTERSON

Ind No. 5199/16. Appeal No. 15767. Case No. 2018-03385.

204 A.D.3d 548 (2022)

164 N.Y.S.3d 825

2022 NY Slip Op 02637

The People of the State of New York, Respondent, v. Michael Patterson, Appellant.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, New York (Tomoeh Murakami Tse of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Brent E. Yarnell of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Shulman, Pitt, JJ.

The motion court should have granted defendant's request for a Frye hearing on the Forensic Statistical Tool (FST) for DNA evidence (see People v Williams, 35 N.Y.3d 24 [2020]). The factors cited by the People, including the removal of barriers to access the FST and the FST's use by defense attorneys in criminal cases, are insufficient to meet the People's burden to "show consensus in the scientific community as to...

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