People v. Campos, 2022-22071

CourtNew York County Court
Writing for the CourtHON. CRAIG STEPHEN BROWN, COUNTY COURT JUDGE
PartiesThe People of the State of New York, v. Felipe Campos, Defendant.
Decision Date15 March 2022
Docket Number2022-22071,Index 3363/2019

The People of the State of New York,
v.

Felipe Campos, Defendant.

No. 2022-22071

Index No. 3363/2019

County Court, Orange County

March 15, 2022


THE LAW OFFICE OF ORRIN A. FULLERTON, P.C.

Attorneys for Defendant

ORANGE COUNTY DISTRICT ATTORNEY

Attorney for the People

HON. CRAIG STEPHEN BROWN, COUNTY COURT JUDGE

Defendant Felipe Campos moves for an order:

Suppressing all testimony and evidence concerning DNA at the trial in this case on the grounds laid out in the accompanying affirmation of the defense DNA expert, Tiffany Ann Roy, B.S., J.D., M.S.F.S. in that the alleged scientific evidence that the prosecution will seek to admit against the defendant are not generally accepted as reliable in the DNA scientific community and/or has lost reliability due to further advances in the science of DNA such that it cannot or should not be reliable upon in determining the guilty or non-guilt of this defendant in accordance with, inter alia, Frye v. United States, 293 F. 1013 [D.C. Cir. 1923], People v. Wesley, 83 N.Y.2d 417 [1994], and its progeny People v. Williams, 35 N.Y.3d 24 [NY 2020].

The following papers were read:

Notice of Motion - Affirmation of Orrin A. Fullerton, Esq. - 1 - 3

Annexed Exhibits

Kelle K. Grimmer, Esq.'s Affirmation in Response - 4 - 5

Annexed Exhibits

Upon the foregoing papers it is hereby ORDERED that the defendant's motion to suppress all testimony and evidence concerning DNA is denied. All other requested relief, including a request for a Frye hearing, is denied.

The defendant in this murder case seeks to suppress evidence of DNA testing conducted in 2003. Defendant's DNA expert states, "My primary concerns regarding the samples in this case revolve around the DNA testing carried out in 2003 and its suitability for interpretation under the present, much more stringent standards" (Affidavit of Tiffany A. Roy, MSFS, JD, ABC-MB, paragraph 9). While the Court recognizes the expert's "concerns", those concerns actually relate to the weight of the DNA evidence, not to its admissibility. It is uncontroverted that the DNA testing performed by the New York State Police Forensic Investigation Center in 2003 was generally accepted by the scientific community at the time of the testing. In fact, the type of testing utilized - PCR DNA testing - has been generally accepted by the scientific community since the 1990's and is still generally accepted today (see People v. Hamilton, 255 A.D.2d 693...

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