News & Publications

CasePrepPlus Home

Current Issue

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

Click here for this week's full issue.

Click here for a mobile-friendly version. 

Not yet a member? View a sample issue by clicking here.   

Featured Case

Defense Counsel Was Ineffective in Failing to Request a Frye Hearing Concerning a Computer Program Used to Interpret Mixed DNA Samples; Appeal Held in Abeyance and Matter Remitted for a Hearing

The Third Department determined defense counsel was ineffective in failing to request a Frye hearing concerning a computer program, the TrueAllele Casework system, used to interpret mixed DNA samples. The appeal was held in abeyance and the matter remitted for the hearing: “At the time of defendant’s pretrial proceedings in 2014, there were no reported trial court or appellate court decisions in this state establishing that the reliability of the TrueAllele Casework system had been assessed through a Frye hearing or that any court in the state had otherwise accepted expert testimony regarding that proprietary computer program... . Given these circumstances, we do not find that it would have been futile for defense counsel to have requested a Frye hearing to challenge the reliability of the TrueAllele Casework system or that such an application would have had little or no likelihood of success ...”. People v. Wilson, 2018 N.Y. Slip Op. 05715, Third Dept 8-8-18

CasePrepPlus archives are available for members only (login required).

Access the archives here.

New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.