People v. Harrison, 22 A.D.3d 236 (N.Y. App. Div. 2005). · Go Syfert
People v. Harrison, 22 A.D.3d 236 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Rodriguez (2×)
N.Y. App. Div. · 2017 · confidence medium
Defendant's identity as the burglar was strongly established by the match of his known DNA to the DNA found on wire cutters that had been stored within the glass enclosure on the victim's rooftop deck but were found tucked between cushions on the sofa in her apartment after the burglary ( see People v Harrison , 22 AD3d 236, 236 [1st Dept 2005] [rejecting sufficiency and weight claims where "(t)he proof connecting defendant with the crime consisted almost entirely of DNA evidence," which "was particularly powerful and established defendant's identity beyond a reasonable doubt"] , lv denied 6 N…
discussed Cited as authority (rule) People v. Burroughs
N.Y. App. Div. · 2013 · confidence medium
Although the victim was unable to identify defendant at trial, i.e, she testified that her attacker ordered her not to look at him, the DNA evidence alone “established defendant's identity beyond a reasonable doubt” (People v Harrison, 22 AD3d 236, 236 [2005], lv denied 6 NY3d 754 [2005]; see People v Rush, 242 AD2d 108, 110 [1998], lv denied 92 NY2d 860 [1998], lv denied upon reconsideration 92 NY2d 905 [1998]; see also People v Knight, 280 AD2d 937, 937-938 [2001], lv denied 96 NY2d 864 [2001]).
discussed Cited as authority (rule) People v. Burroughs
N.Y. App. Div. · 2013 · confidence medium
Although the victim was unable to identify defendant at trial, i.e, she testified that her attacker ordered her not to look at him, the DNA evidence alone “established defendant's identity beyond a reasonable doubt” (People v Harrison, 22 AD3d 236, 236 [2005], lv denied 6 NY3d 754 [2005]; see People v Rush, 242 AD2d 108, 110 [1998], lv denied 92 NY2d 860 [1998], lv denied upon reconsideration 92 NY2d 905 [1998]; see also People v Knight, 280 AD2d 937, 937-938 [2001], lv denied 96 NY2d 864 [2001]).
discussed Cited as authority (rule) People v. Grogan
N.Y. App. Div. · 2006 · confidence medium
Although the indictment was filed on September 24, 2002, eight years after the rape, the defendant’s whereabouts were continuously unknown and continuously unascertainable by the exercise of reasonable diligence until the defendant’s DNA profile from the rape kit was matched to the DNA profile in the CODIS databank (see People v Seda, 93 NY2d 307, 312 [1999]; People v Lloyd, 23 AD3d 296 [2005], lv denied 6 NY3d 755 [2005]; People v Harrison, 22 AD3d 236, 237 [2005], lv denied 6 NY3d 754 [2005]; CPL 30.10 [4] [a] [ii]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Tony Harrison
Appellate Division of the Supreme Court of the State of New York.
Oct 4, 2005.
22 A.D.3d 236
Cited by 14 opinions  |  Published

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 30, 2003, convicting defendant, after a jury trial, of sodomy in the first degree (three counts), rape in the first degree (two counts), robbery in the first degree and burglary in the first degree, and sentencing him, as a second violent felony offender, to consecutive terms of 25 years on each conviction, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The proof connecting defendant with the crime consisted almost entirely of DNA evidence, and defendant now argues that the evidence was legally insufficient for this reason. This claim, however, is not preserved for appellate review as it was never advanced at trial (People v Gray, 86 NY2d 10 [1995]). In any event, if we were to review defendant’s claim, we would reject it. Here, the DNA evidence was particularly powerful and established defendant’s identity beyond a reasonable doubt (see People v Wesley, 83 NY2d 417, 420 [1994]; People v Rush, 242 AD2d 108 [1998], lv denied 92 NY2d 860 [1998]; see also People v Yancey, 24 NY2d 864 [1969] [fingerprint evidence sufficient to establish identity]).

The court properly denied defendant’s motion to dismiss the indictment as time-barred. The People established that “the[*237] whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence” (CPL 30.10 [4] [a] [ii]). The circumstances under which the crime was committed rendered it impossible to identify a suspect until the arrival of recent advances in DNA technology. Accordingly, the court properly found that the statute of limitations was tolled (see People v Seda, 93 NY2d 307 [1999]).

We have considered and rejected defendant’s remaining claims. Concur—Mazzarelli, J.P., Andrias, Ellerin, Gonzalez and McGuire, JJ.