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PEOPLE v. TERRY

Appellate Division of the Supreme Court of New York, Second Department.
Aug 20, 2001
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ORDERED that the judgment is affirmed.

The defendant was convicted of various crimes arising from his rape or sexual abuse of three women in their apartments. Contrary to his contention on appeal, the Supreme Court properly qualified the People's witness, Dr. Robert Giles, as an expert in DNA analysis and identity testing. The court also properly allowed that expert to testify both that DNA recovered from the victims and the crime scenes matched that of the defendant, and as to the statistical probability of a match with another person (see, Price v. New York City Hous. Auth., 92 N.Y.2d 553; People v. Wesley, 83 N.Y.2d 417; Werner v. Sun Oil Co., 65 N.Y.2d 839; People v. Rush, 242 A.D.2d 108). In any event, any error would have been harmless in light of the overwhelming evidence of guilt (see, People v. Crimmins, 36 N.Y.2d 230), including proof that the defendant's fingerprints were found at all three crime scenes, which were in close proximity to where he lived.