A Rochester appellate panel has upheld a "cold case" Erie County murder conviction after finding that the prosecution met its burden of establishing a good-faith basis for a 17-year delay.
In People v. Gaston, 11-00406, the Appellate Division, Fourth Department, said District Attorney Frank Sedita III "established that there was insufficient evidence to charge defendant shortly after the crimes occurred, and it was not until a witness gave new information to the police that identified defendant as the perpetrator and DNA testing was completed that the People brought the charges against defendant."
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