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PROSECUTOR’S CHARACTERIZATION OF DNA EVIDENCE WAS NOT IMPROPER, DEFENSE COUNSEL’S FAILURE TO OBJECT TO THE CHARACTERIZATION WAS NOT INEFFECTIVE ASSISTANCE.

The Court of Appeals, reversing the appellate division, determined the characterization of the DNA evidence by the prosecutor was not improper, and defense counsel’s failure to object to the characterization did not constitute ineffective assistance:

The People’s forensic expert gave statistical testimony regarding the likelihood (“1.661 quadrillion times more likely”) that defendant and his deceased wife, rather than two randomly selected individuals, were contributors to a DNA mixture profile drawn from a blood stain on defendant’s sweatshirt. The prosecutor, during his summation, summarized this testimony by telling the jury that the victim’s DNA was “on” defendant’s sweatshirt. Defense counsel’s failure to object to this characterization did not amount to ineffective assistance of counsel. The expert testimony regarding the “likelihood ratio” here contrasts with the testimony at issue in People v Wright (25 NY3d 769 [2015]), which “only indicated that defendant could not be excluded from the pool of male DNA contributors, and . . . provided no statistical comparison to measure the significance of those results” … . Nor did counsel’s other alleged errors of representation, either individually or collectively, deprive defendant of meaningful representation. People v Ramsaran, 2017 NY Slip Op 05268, CtApp 6-29-17

 

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