Law enforcers back Cuomo on DNA expansion

BUFFALO -- Gov. Andrew M. Cuomo's proposal to make New York the first state to require every convicted criminal to provide a DNA sample was endorsed yesterday by law enforcers who listed among their reasons the need to satisfy potential jurors who've come to expect the scientific evidence from watching crime dramas.

The state limits DNA testing to certain felony and misdemeanor convictions, meaning about 48 percent of criminals are required to give samples. The proposal would expand the law to cover all remaining criminal misdemeanors, along with felonies that fall under statutes such as traffic and business law.

"DNA is undoubtedly the single most important advancement of a generation," Erie County District Attorney Frank Sedita III said during a news conference in Buffalo, attended by dozens of law enforcers from surrounding towns and counties who support the measure.

Not only does DNA evidence help solve crimes and exonerate the innocent, officials said, it's a tool jurors now look for.

"Frankly, I think jurors expect it now," said Niagara County District Attorney Michael Violante, who said prosecutors have begun asking potential jurors if they'd have trouble convicting someone without DNA evidence. "Jurors want to hear and see evidence that's better than 'I saw the guy do it' " from an eyewitness, he said.

The New York State Sheriff's Association has endorsed the proposal. The New York Civil Liberties Union, however, called for safeguards against potential pitfalls, including the risk for human error in collecting and interpreting results.

The expansion passed in the Republican-led Senate three weeks ago and is pending in the Assembly.