The People of the State of New York, Respondent, v. George Wesley, Appellant., 83 N.Y.2d 417

Summary

A woman was found dead in her apartment. During a routine check of defendant's apartment by city employees, bloodstained clothing was found with gray and white hairs on it. DNA testing was performed, and the DNA print pattern on the defendant's shirt matched the DNA pattern from the deceased. In addition, the DNA print pattern from the blood of the defendant was different from that of the decedent. Prior to the trial, the trial court held a hearing on the DNA evidence and ruled it admissible. Defendant was later convicted. The lower court affirmed. Defendant appealed asserting that the DNA evidence was inadmissible. On review, this court affirmed. The court explained that the DNA evidence met the Frye test for admissibility since it was found to be generally accepted as relied upon by the relevant scientific community and since a proper foundation for the evidence was made at trial. Thus, the court concluded that the DNA profiling evidence was properly admitted.