People v. Nnamdi Clarke

Decided On : 10/25/2016
AD2 order dated November 12, 2014, reversing judgment of conviction and dismissing indictment.  Decision below: 122 AD3d 765, 995 NYS2d 727.  Lippman, Ch. J., granted leave to People March 25, 2015.  
 
ISSUE PRESENTED: CPL §30.30.  Whether the People’s lack  of due diligence in seeking testing of DNA evidence rebutted their claim that the delay was due to “exceptional circumstances” (CPL §30.30 [4] [g]).  (Assigned counsel for Respondent: Bill Kastin & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC  10038.) 
 

Related Information:
People v Clarke