You are here: / / ADMISSION OF DNA EVIDENCE WITHOUT THE TESTIMONY OF THE ANALYST VIOLATED...
,

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:

​

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

 

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

You might also like
PLAINTIFF, AFTER A SUBSTANTIAL VERDICT IN A TRAFFIC ACCIDENT CASE, WAS ASSIGNED DEFENDANT’S RIGHT TO SUE DEFENDANT’S INSURER ALLEGING A BAD FAITH FAILURE TO SETTLE, THE INSURER’S MOTION TO DISMISS WAS PROPERLY DENIED (SECOND DEPT).
DEFENDANT ALLOWED PLAINTIFF’S DECEDENT, 18, TO DRIVE HIS LAMBORGHINI WHILE DEFENDANT WAS A PASSENGER; PLAINTIFF’S DECEDENT LOST CONTROL AT 180 MPH, STRUCK A GUARD RAIL, WAS EJECTED AND DIED FROM HIS INJURIES; THERE WAS A QUESTION OF FACT, RAISED BY PLAINTIFF’S EXPERT, WHETHER DEFENDANT HAD SPECIAL KNOWLEDGE WHICH RENDERED PLAINTIFF’S DECEDENT’S USE OF THE CAR UNREASONABLY DANGEROUS; THE NEGLIGENT ENTRUSTMENT CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED (SECOND DEPT).
“Cleaning” Within the Meaning of Labor Law 240(1) Explained
Plaintiff Assumed the Risk of Stepping on Running Treadmill
ARBITRATOR’S RULING WAS IRRATIONAL AND VIOLATED CPLR 1209 IN THIS NO-FAULT INSURANCE ACTION, HEALTH CARE PROVIDER, AS AN ASSIGNEE, WAS ENTITLED TO ARBITRATE ITS CLAIM FOR CARE PROVIDED TO THE INJURED INFANT (SECOND DEPT).
CONFLICTING TESTIMONY ABOUT WHETHER A CO-WORKER WAS HOLDING THE LADDER PLAINTIFF WAS USING PRECLUDED SUMMARY JUDGMENT IN THIS LABOR LAW 240 (1) ACTION (SECOND DEPT).
ALTHOUGH PLAINTIFF LOST HER LABOR LAW 740 WRONGFUL TERMINATION TRIAL, SUPREME COURT SHOULD NOT HAVE AWARDED ATTORNEY’S FEES TO DEFENDANT, PLAINTIFF’S CLAIM WAS NOT BASELESS (SECOND DEPT).
DNA FOUND ON THE MURDER VICTIM’S BODY WAS LINKED TO THE DEFENDANT WHO WAS ARRESTED TWO YEARS AFTER THE MURDER; THERE WAS NO OTHER EVIDENCE CONNECTING DEFENDANT TO THE VICTIM OR TO THE AREA WHERE THE VICTIM WAS FOUND; THE SECOND DEPARTMENT, OVER AN EXTENSIVE DISSENT, FOUND THE EVIDENCE LEGALLY INSUFFICIENT TO SUPPORT THE CONVICTION (SECOND DEPT).

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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT WAS NOT GIVEN THE OPPORTUNITY TO OBJECT TO THE PROCEDURE RE AN ALLEGED... PLAINTIFF MORTGAGE SERVICER DID NOT MEET THE REQUIREMENTS OF THE BUSINESS RECORDS...