People v. DeJesus

Summary

The Appellate Division, Second Department affirmed Nelson DeJesus's convictions for two counts of attempted assault in the first degree and two counts of criminal possession of a weapon in the second degree. The court held that the admission of DNA laboratory files and related analyst testimony did not violate the Confrontation Clause, rejected the ineffective-assistance claim, and declined to review other unpreserved issues in the interest of justice.

Holdings

1. To the extent preserved, admission of the DNA laboratory files and related testimony did not violate the Confrontation Clause because the testifying analyst generated the relevant DNA profiles and conducted the relevant analysis.
2. Defense counsel was not ineffective.
3. The remaining issues were unpreserved, and the court declined to exercise its interest-of-justice jurisdiction to review them.

Questions Presented

1. Whether admission of the DNA laboratory files and accompanying analyst testimony violated DeJesus's Sixth Amendment right to confrontation.
2. Whether trial counsel was ineffective.
3. Whether the court should review the defendant's remaining unpreserved appellate claims in the interest of justice.

Disposition

affirmed