ADMISSION OF DNA EVIDENCE WITHOUT THE TESTIMONY OF THE ANALYST VIOLATED THE CONFRONTATION CLAUSE, BUT WAS HARMLESS ERROR IN THIS CASE (SECOND DEPT).

The Second Department, although finding the error harmless, determined the introduction of DNA evidence without testimony by the analysts violated the Confrontation Clause:

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The defendant’s rights under the Confrontation Clause (see US Const Sixth Amend) were violated when the Supreme Court admitted into evidence lab reports from a nontestifying DNA analyst which directly linked the defendant to the crime … .

“Confrontation Clause violations are subject to a constitutional harmless error analysis” … . “Constitutional error requires reversal unless the error’s impact was harmless beyond a reasonable doubt'” … . This determination is based on a review of the ” entire record'”… . In order for the error to be harmless beyond a reasonable doubt, the evidence of the defendant’s guilt must be overwhelming, and there must be “no reasonable possibility that the error might have contributed to the defendant’s conviction” … .

Here, apart from the erroneously admitted evidence, the evidence of the defendant’s guilt was overwhelming. People v Tsintzelis, 2017 NY Slip Op 05980, Second Dept 8-2-17

 

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