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PEOPLE v. EASLEY

No. 2.

38 N.Y.3d 1010 (2022)

188 N.E.3d 586

168 N.Y.S.3d 395

2022 NY Slip Op 02770

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEVAN EASLEY, Appellant.

Court of Appeals of New York.

Decided April 26, 2022.

Attorney(s) appearing for the Case

Paul Skip Laisure, Appellate Advocates, New York City (David Fitzmaurice and Jonathan Schoepp-Wong of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens (William H. Branigan and John M. Castellano of counsel), for respondent.

The Legal Aid Society, New York City (Terri S. Rosenblatt and J. David Pollack of counsel), for The Legal Aid Society, amicus curiae.

Electronic Frontier Foundation, San Francisco, California (Hannah Zhao of counsel), for Electronic Frontier Foundation, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. It was an abuse of discretion for the trial court to admit the results of DNA analysis conducted using the forensic statistical tool (FST) without first holding a Frye hearing (People v Williams, 35 N.Y.3d 24 [2020]; People v Foster-Bey, 35 N.Y.3d 959 [2020]). Here, however, this error was harmless. The evidence of defendant's guilt was overwhelming...

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