People v. Kelley

Summary

The New York Court of Appeals held that introducing DNA evidence from a towel late in the prosecution’s case violated the defendant’s right to a fair trial because the defense had already relied on the absence of corroborating DNA evidence. The Court ordered a new trial on the convictions for first-degree course of sexual conduct against a child and endangering the welfare of a child, while finding the error harmless as to the criminal contempt convictions. The order of the Appellate Division was modified and, as modified, affirmed.

Holdings

1. When the prosecution discovers and seeks to introduce materially significant scientific evidence so late in trial that the defense has already presented its theory and the defendant has testified, admission of the evidence may violate the defendant's right to a fair trial. On these facts, the towel DNA evidence should have been precluded or the court should have declared a mistrial.
2. The error was harmless as to the criminal contempt charges because defendant admitted his guilt regarding those crimes.

Questions Presented

1. Whether admitting DNA evidence from the towel, discovered and disclosed after defendant had testified and after the defense had relied on the absence of corroborating DNA evidence, deprived defendant of a fair trial.
2. Whether the error required relief on the criminal contempt convictions notwithstanding the trial court's error.

Disposition

other