While investigating a home burglary, officers uncovered a cigarette butt at the crime scene.
Because his DNA matched that found on the item, Jerome Person was later convicted of burglary and criminal mischief, both in the second degree.
On appeal, the Appellate Division, Second Department, thought it was unreasonable to find Person guilty based solely on the stub, because there was no evidence it had been left at the scene during the burglary's commission.
Did they get the wrong Person?
To view a copy of the Appellate Division's decision, please use this link: People v. Person