You are here: / / FAILURE TO ARGUE PEOPLE DID NOT ACT WITH DUE DILIGENCE IN SEEKING DNA TEST...
,

FAILURE TO ARGUE PEOPLE DID NOT ACT WITH DUE DILIGENCE IN SEEKING DNA TEST RESULTS WAS NOT DEMONSTRATED TO CONSTITUTE INEFFECTIVE ASSISTANCE.

The Court of Appeals, in a full-fledged opinion by Judge DiFiore, determined defense counsel’s failure to argue, in a motion to dismiss on speedy trial grounds, that the People did not act with due diligence in seeking DNA test results was not demonstrated to constitute ineffective assistance:

On this record, defense counsel was not ineffective for failing to raise the argument that the People were not acting with due diligence, as there is nothing in the record to demonstrate that the People were not diligent in requesting DNA testing on the evidence or that the manner in which the DNA testing was conducted by [the medical examiner] was inconsistent with standard laboratory protocols. In addition, at the time of defendant’s CPL 30.30 motion, there already was Appellate Division authority holding that the period of time needed to obtain the results of DNA testing could be excluded from speedy trial computation as an exceptional circumstance … . People v Henderson, 2016 NY Slip Op 06938, CtApp 10-25-16

CRIMINAL LAW (FAILURE TO ARGUE PEOPLE DID NOT ACT WITH DUE DILIGENCE IN SEEKING DNA TEST RESULTS WAS NOT DEMONSTRATED TO CONSTITUTE INEFFECTIVE ASSISTANCE)/ATTORNEYS (CRIMINAL LAW, FAILURE TO ARGUE PEOPLE DID NOT ACT WITH DUE DILIGENCE IN SEEKING DNA TEST RESULTS WAS NOT DEMONSTRATED TO CONSTITUTE INEFFECTIVE ASSISTANCE)/INEFFECTIVE ASSISTANCE (FAILURE TO ARGUE PEOPLE DID NOT ACT WITH DUE DILIGENCE IN SEEKING DNA TEST RESULTS WAS NOT DEMONSTRATED TO CONSTITUTE INEFFECTIVE ASSISTANCE)/DNA TESTING (CRIMINAL LAW, FAILURE TO ARGUE PEOPLE DID NOT ACT WITH DUE DILIGENCE IN SEEKING DNA TEST RESULTS WAS NOT DEMONSTRATED TO CONSTITUTE INEFFECTIVE ASSISTANCE)/SPEEDY TRIAL (FAILURE TO ARGUE PEOPLE DID NOT ACT WITH DUE DILIGENCE IN SEEKING DNA TEST RESULTS WAS NOT DEMONSTRATED TO CONSTITUTE INEFFECTIVE ASSISTANCE

You might also like
PROOF OF MENTAL ABNORMALITIES SUFFICIENT TO JUSTIFY CIVIL COMMITMENT OF SEX OFFENDERS CLARIFIED.
Check Cashing Business Could Not Be Excluded by Zoning Measure
Inventory Search Which Included Removal of Seat Panels and Speakers Okay
​ THE DENIAL OFTHE NON-RESIDENT’S APPLICATION FOR EMPLOYMENT IN NEW YORK CITY IS SUBJECT TO THE EMPLOYMENT-DISCRIMINATION PROHIBITIONS IN THE NEW YORK CITY AND NEW YORK STATE HUMAN RIGHTS LAW (CT APP).
UNBEKNOWNST TO ALL DURING THE 1992 SURROGATE’S COURT PROCEEDING, THE DECEDENT’S BROTHER WAS STILL ALIVE; DECEDENT’S NEPHEW TOOK POSSESSION OF DECEDENT’S PROPERTY, A THREE-STORY BUILDING, IN 1993; THE NEPHEW FIRST BECAME AWARE OF DECEDENT’S BROTHER’S INTEREST IN THE PROPERTY IN 2019; THE COURT OF APPEALS DETERMINED THE NEPHEW ACQUIRED THE PROPERTY BY ADVERSE POSSESSION (CT APP).
FAILURE TO RESPOND TO JURY NOTES AFTER COUNSEL HAD BEEN MADE AWARE OF THE CONTENTS OF THE NOTES AND THE JUDGE’S PROPOSED RESPONSES WAS NOT A MODE OF PROCEEDINGS ERROR, PRESERVATION REQUIRED.
residency requirements for school district employees are enforceable.
TOWING OF DEFENDANT’S CAR (AND INVENTORY SEARCH) AFTER DEFENDANT’S ARREST FOR SHOPLIFTING WAS CONSISTENT WITH POLICE DEPARTMENT’S WRITTEN POLICY.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

YOGA INSTRUCTORS NOT EMPLOYEES. MEETINGS OF NYC SCHOOL LEADERSHIP TEAMS ARE SUBJECT TO THE OPEN MEETINGS LA...