Massachusetts Appeals Court March 10, 2003, No. 00-P-1758 (Commonwealth v. Rocha)

Duffly, J.

A Superior Court jury convicted the defendant of raping his twenty-one year old, mentally retarded and autistic sister. On his appeal from his conviction of rape, the defendant contends that the trial judge erred (1) in admitting expert evidence, derived from the results of deoxyribonucleic acid (DNA) paternity tests, that placed the defendant’s probability of paternity at 99.