Ordered that the judgment is affirmed.
On August 28, 1994, a 15-year-old girl was forced onto a Brooklyn rooftop and raped at gunpoint. A semen sample was collected following the assault, but no suspect was identified at the time. In 2002, as part of a backlog project, the semen sample was tested, and a male DNA profile was developed and uploaded into law enforcement DNA databases. Although no match was found, on August 25, 2004, an indictment was issued based upon...
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