A man convicted of attempted rape in 2000 has been granted a new trial after DNA recovered from the victim’s fingernails was analyzed nine years later and found not to match his.
The Appellate Division, First Department panel ruled Thursday in People v. Hicks, 2592/98, that the DNA evidence is “material and exculpatory,” affirming then-Bronx Supreme Court Justice Darcel Clark’s October 2013 order granting the defendant’s CPL 440.10 motion. Justices Peter Tom (See Profile), David Saxe (See Profile), Karla Moskowitz (See Profile) and Judith Gische (See Profile) joined in the unsigned decision.
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