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New York eases defendants' evidence burden after conviction.

Article Excerpt
The New York Court of Appeals has made it easier for criminal defendants to introduce DNA evidence that might exonerate them, even after being convicted and exhausting their final appeals.

The ruling concerned two motions filed under Criminal Procedure Law (CPL) 440.30, which allows for postconviction DNA testing if defendants can show a "reasonable probability" that such evidence might have led to a different outcome at their trial.

In the unanimous opinion written by Judge George Bundy Smith, the court said there was "no time limit" to file such a motion and placed the burden on prosecutors, not defendants, to show whether the evidence still exists and where it is. (People v. Pitts, No. 01141, 2005WL 351066 (N.Y. Feb. 15, 2005).)

The wording of CPL 440--which concerns postconviction motions--says they can be granted in light of new evidence "provided that a motion based upon such ground must be made with due...

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