Appellate Division: Second Judicial Department

M182495

E/ct

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2013-06744 The People, etc., appellant, v Frank Adams, respondent. (Ind. No. 266/12)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated May 28, 2013, which was determined by decision and order of this Court dated September 10, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that, upon reargument, the decision and order of this Court dated September 10, 2014, is amended by deleting the third and fourth sentences of the second paragraph of the body thereof, and substituting therefor the following sentence: "Since an authorized DNA sample was taken from the defendant in connection with another unrelated charge shortly after he was arrested on the charges at issue on this appeal, the People established a very high degree of probability that the evidence in question would have been obtained independently of the tainted source during the normal course of police investigation (see People v Turriago, 90 NY2d 77, 85; People v Stith, 69 NY2d 313, 318; People v Barber, 268 AD2d 485, 486)"; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court