ALBANY – A defendant’s guilty plea to rape and robbery charges precludes his post-conviction attempt to challenge his indictment, which was based on an anonymous DNA profile, the Court of Appeals ruled Thursday.
The court’s 6-1 decision held that Lerio Guerrero cannot contest the validity of the indictment that was amended to substitute his name for “John Doe” more than six years after the “DNA indictment” was initially brought, because he took the suspect out of contention when he pleaded guilty.
