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15-Aug-2019

New York appellate court establishes statewide TrueAllele precedent in Wakefield


Albany, NY

The New York Appellate Court affirmed John Wakefield's 2015 conviction in the murder of a Schenectady man. The Court found that TrueAllele® technology had passed the Frye test, and that the defendant wasn't entitled to source code. The appellate decision establishes TrueAllele precedent in New York.

After a 2014 Frye hearing, the Schenectady trial court "rendered a decision concluding that TrueAllele was generally accepted within the relevant scientific community." Following a jury conviction of first-degree murder and robbery, the defendant was sentenced to life in prison. The Appellate Court decided: "Defendant appeals. We affirm."

The Court also affirmed denial of source code, ruling "that there was no Confrontation Clause violation as alleged by defendant because he had the opportunity to confront his true accuser." TrueAllele precedent was first established in Pennsylvania, after the Foley appellate ruling.

For over fifteen years, Pittsburgh-based Cybergenetics has assisted New York criminal justice with automated computer interpretation of DNA evidence. Their patented TrueAllele technology has helped identify World Trade Center victim remains, and eliminate the state's DNA database backlog.

The forensic evidence technology company has worked on over eighty-five New York cases across three boroughs, fifteen counties, and federally. The company has assisted New York prosecutors, defenders, police, crime labs, and innocent people. By bringing DNA back into evidence, TrueAllele results have led to convictions, acquittals, plea settlements, and dismissed charges.

TrueAllele computing solves forensic DNA problems that human analysts cannot. The technology complements crime laboratory efforts to secure justice through better science®. TrueAllele works accurately, objectively and tirelessly to unmix DNA mixtures — producing reliable DNA match statistics that show who left (or didn't leave) their DNA at a crime scene.

TrueAllele overcame two Frye admissibility challenges in New York, establishing reliability in Wakefield, and also in the trial of Elmira rapist Casey Wilson. The technology routinely separates five, six and seven person DNA mixtures, extending the probative power of crime lab data.

TrueAllele helped convict a Westchester man who had raped his young daughter weekly for seven years. And it helped acquit Nick Hillary of murdering a twelve-year-old St. Lawrence boy. The advanced science helps criminal justice know the answer® to "unsolvable" DNA evidence when labs report "inconclusive" results.


New York Supreme Court Decisions

County Court


Appellate Division



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