People v. Wesley

In People v. Wesley, 83 NY2d 417 [1994], the New York Court of Appeals applied "the general acceptance" Frye standard to novel scientific DNA evidence. The court inquired "whether the accepted techniques, when properly performed, generate results accepted as reliable within the scientific community." Id. at 422. In that matter, the trial court held a Frye hearing and determined that DNA profiling evidence is generally accepted as reliable by the relevant scientific community. The Court of Appeals agreed that there was sufficient evidence to support the trial court's determination of reliability as a matter of law, and the determination comported with generally accepted scientific authority. Id. at 424. The Court of Appeals noted that scientific evidence may be admitted without any hearing at all by the trial court (id. at 426.) The Court of Appeals noted that any challenges to the trial foundation or the weight of the evidence are not properly addressed in a pre-trial Frye proceeding. Id. at 427. The Court found that the statistical conclusions reached by the DNA examiners about the likelihood that the murder victim's DNA was on the defendant's clothing were properly admitted at trial. Significantly, the majority found that "challenges to the population studies . . . to estimate the probability of a coincidental match go not to the admissibility, but to the weight of the evidence, which should be left to the trier of fact." Id. at 427 . The appendix notes that "population genetic studies" had been performed over a "two year period" using DNA "from about 900 unrelated individuals." Id. at 434. The Court noted that the population study evidence was "actually reduced by a factor of 10," to eliminate a possible challenge to the validity of the expert's conclusion. Id. at 435. The Court of Appeals specifically held that DNA profiling evidence using the restriction fragment length polymorphism method of DNA profiling, which was one of the earliest forms of DNA testing, was found to have been scientifically reliable pursuant to the standard enunciated in Frye v. United States and was therefore admissible in court. Wesley further held that DNA profiling evidence was generally accepted as reliable in the relevant forensic scientific community and that DNA profiling evidence can be introduced into evidence at trial. (See People v. Wesley, supra.) It is therefore undisputed that DNA testing has been accepted in this state under the Fryestandard since 1994. (See People v. Wesley, supra.)