The People, etc., respondent, v. Tyshon Sanders, appellant.
Argued—May 9, 2014
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered May 20, 2011, convicting him of burglary in the first degree (three counts) and assault in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the Supreme Court violated his constitutional right to confrontation by permitting the People to introduce evidence of DNA testing performed on evidence recovered from the crime scene and his buccal swab through the People's expert witness, who did not perform every stage of the DNA testing process and who lacked personal knowledge of the procedures used. This contention is without merit. The court properly admitted the expert's testimony (see People v. Pitre, 108 AD3d 643, 644; People v. Washington, 108 AD3d 576, 577). The court also properly admitted the New York City Office of Chief Medical Examiner's files containing DNA profiles and objective information regarding the testing procedures. These files contained DNA profiles prepared prior to receiving the defendant's DNA and did not, standing alone, link the defendant to the crime (see People v. Washington, 108 AD3d at 577; People v. Dail, 69 AD3d 873). The People's expert conducted the critical analysis linking the defendant's DNA to the DNA found at the crime scene (see People v. Washington, 108 AD3d at 577). The People were not required to present the testimony of each analyst who contributed to the process and who developed the reports (see People v. Thompson, 70 AD3d 866). Indeed, not everyone “whose testimony may be relevant in establishing the chain of custody, authenticity of the sample or accuracy of the testing device, must appear in person as part of the prosecution's case” (Melendez–Diaz v. Massachusetts, 557 U.S. 305, 311).
MASTRO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
Clerk of the Court