New York Court of Appeals
The People of the State of New York, Respondent v. Bernard Pitts, Appellant; the People of the State of New York…
February 15, 20054 N.Y.3d 303
Summary
The Court held that CPL 440.30(1‑a) imposes no time limit on post‑conviction motions for forensic DNA testing and that the burden of showing the existence and availability of the evidence rests on the People, not the defendant. Accordingly, the Court affirmed the Appellate Division’s order denying Bernard Pitts’s motion and reversed the Appellate Division’s order denying Anthony Barnwell’s motion, remanding for further proceedings on the evidence‑existence issue.