In what circumstances will a court dismiss a motion to dismiss a print that was compared by an expert to the print on the bag?

record before us does not disclose that the fingerprints of any of these people had been compared by the examiner to the print on the bag. Trial evidence suggests that others may have touched the bag as well once it was placed on shore. Additionally, the bag had been unaccounted for for about a month, during which time any number of people may have touched it when it washed ashore or while it was floating in the river. Finally, the record suggests a basis for calling the examiner's conclusion into question, i.e., that the ridges were insufficient to permit comparison. In order to prevail on an incompetency of counsel claim, defendant carries a heavy burden of showing that but for the failure of counsel below, there is a reasonable probability that the outcome would have been different. (Strickland v. Washington (1984) 466 U.S. 668, 694.) Given the strength of the case against defendant, as set forth above, the baseless nature of defendant's claim that there was a report by the examiner which he could have gotten introduced into evidence, and the facts that the bag could have been handled by a multitude of others and was, in fact, handled by some and went unsupervised for a month before and hours after its discovery, and the examiner's conclusions may have been faulty, defendant cannot carry his burden.

2. Denial of Motion to Dismiss