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New York State
Defenders Association
194 Washington Ave,
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Albany, NY 12210
(518) 465-3524
FAX: 465-3249

 

Note: Copies of articles with inactive links may be found by visiting the publishers' web sites or retrieving copies from print sources. For more information please read our FAQ. Visit the Public Defense, Chief Defender List, Defense Services (includes Public Defense Data and Defense Standards), and Gideon Day pages for related news and information

Visit our News Archives to find previously posted items.
 

Current Developments_________________________________

  • John Doe DNA Warrant provided defendant with sufficiently reasonable notice of the charges according to the Appellate Division First Department. DNA Markers Found Ample For Indictment, New York Law Journal (1st Dept), April 18, 2008
     
  • Discovery of crime scene DNA belonging to identical twin raises questions about pursuing the wrong suspect. Career Criminal's Twin Is Suspect In Nassau Burglary, Newsday (NassauCounty), April 12, 2008
     
  • Governor has proposed expanding DNA database collection to include misdemeanor offenders among others while improving access for exoneration purposes. New York Plan for DNA Data in Most Crimes, New York Times (NY), May 14, 2007
     
  • Prisoner had right to raise question of post-conviction access to evidence via 1983 action; and constitutional right to DNA testing to be decided by district court according to the Second Circuit Court of Appeals. Court Ordered to Settle Right to DNA Tests, New York Law Journal (2nd Cir), March 15, 2007
     
  • Motion to obtain DNA sample from murder suspect in NassauCounty case denied due to absence of suspect DNA for comparison. Prosecutors Lose Bid to Take DNA From Murder Suspect , New York Law Journal (NassauCounty), September 12, 2006
     
  • Exculpatory DNA testing, under CPL 440.30(1-a), not permitted after guilty plea according to the Appellate Division Second Department. Panel Says DNA Testing Not Required After Plea, New York Law Journal (2nd Dept), August 4, 2006
     
  • Expansion of DNA databanking might overwhelm the system according to the Commission on Forensic Science. Caution Urged on DNA Project, Albany Times Union (NY), June 6, 2006
     
  • New York City and a few upstate counties are retaining DNA samples in cases where the accused has not been convicted according to the Innocence Project. County DNA Lists Include Non-Convicts, New York Times (NY), May 16, 2006
     
  • Bill to expand scope of DNA databanking to include misdemeanors and all felonies is under consideration by the Assembly. New York State Draws Nearer to Collecting DNA in All Crimes, New York Times (NY), May 4, 2006
     
  • State Investigation Commission report recommends expanding DNA databank collection to include all persons convicted of felonies or misdemeanors. Report Supports All-Inclusive DNA Database, New York Law Journal (NY), March 21, 2006
     
  • State Commission approved of Governor Pataki's plan to collect DNA samples as a condition of release from parole, probation, a plea bargain or a temporary release program. DNA Proposal Moves Forward, Albany Times Union (NY), December 14, 2005
     
  • New York State DNA databanking law held to be constitutional by the Second Circuit Court of Appeals. Circuit Upholds State's DNA Database Statute , New York Law Journal (2nd Cir), November 30, 2005
     
  • No due diligence requirement for post-conviction DNA motion according to the Court of Appeals. Panel Sees No Time Bar to DNA Motions , New York Law Journal (NY), Feb. 16, 2005. Read the court's decision in People v. Pitts, No. 9 (NY Feb. 15, 2005)
     

Current Developments Outside New York____________________

 

Special Reports_______________________________________

ERRORS IN EVIDENCE
In this series of articles, reporters from the Seattle Post-Intelligencer investigated errors in the analysis and handling of DNA evidence by the Washington State Patrol Crime Laboratory. A related series, Shadow of Doubt, uncovered problems in the processing of drug samples in criminal prosecutions.

 

Reports_____________________________________________

National District Attorneys Association Policy Position on DNA Technology and the Criminal Justice System (2003). This is the current statement of NDAA's position on the use of DNA in criminal identification, investigation, prosecution, database collection and assessment guilt or innocence of suspects in the criminal justice system.

 

Report to the Attorney General on Delays in Forensic Analysis (NIJ 2003). This report describes an examination of the problem of backlogs in DNA testing of crime scene evidence. It was prepared by the National Institute of Justice . It includes recommendations for developing a comprehensive national effort to eliminate delays in DNA analysis.

 

Research Links_______________________________________

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