context: The fact that we have taken judicial notice of the reliability of the technique of DNA profiling does not mean that expert testimony concerning DNA profiling is automatically admissible under Daubert. A number of courts have required that the trial court further inquire into whether the expert properly performed the techniques involved in creating the DNA profiles.
citation_a.signal: but see
citation_a.identifier: 955 F.2d 800, 800
citation_a.parenthetical: court should inquire as to whether the protocols were properly performed, but this issue should generally go to the weight rather than admissibility of the evidence
citation_a.sentence: See People v. Castro, 144 Misc.2d 956, 545 N.Y.S.2d 545 (Sup.Ct.1989) (holding that admissibility conditioned on a finding that the expert properly performed the protocols underlying DNA profiling); United States v. Two Bulls, 918 F.2d 56, 61 (8th Cir.1990) (same), vacated and dismissed as moot, 925 F.2d 1127 (8th Cir.1991); but see Jakobetz, 955 F.2d at 800 (court should inquire as to whether the protocols were properly performed, but this issue should generally go to the weight rather than admissibility of the evidence).
citation_b.signal: see
citation_b.parenthetical: holding that admissibility conditioned on a finding that the expert properly performed the protocols underlying DNA profiling
citation_b.sentence: See People v. Castro, 144 Misc.2d 956, 545 N.Y.S.2d 545 (Sup.Ct.1989) (holding that admissibility conditioned on a finding that the expert properly performed the protocols underlying DNA profiling); United States v. Two Bulls, 918 F.2d 56, 61 (8th Cir.1990) (same), vacated and dismissed as moot, 925 F.2d 1127 (8th Cir.1991); but see Jakobetz, 955 F.2d at 800 (court should inquire as to whether the protocols were properly performed, but this issue should generally go to the weight rather than admissibility of the evidence).