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Convicted robber Elamin Muhammad. (Photo: Courtesy of the Michigan Department of Corrections)

DNA evidence gleaned from a lost shoe was fair game, the Court of Appeals said, in an armed robbery probe that led to the conviction of a Muskegon County gunman who otherwise could not be identified.

Elamin Muhammad was convicted of the July, 2014 holdup at a Shell gas station in Norton Shores.

Part of the evidence was a sweat sample taken from a size 9 Nike shoe left at the scene of the crime.

Although the shoe revealed DNA from more than one person, an expert testified that the odds of someone other than Muhammad producing the DNA profile was extraordinarily remote. The shoe was considered important because the gunman wore a mask.

Muhammad wanted the DNA evidence excluded. The appeals court, in a 15-page published decision, said it was fair game.

“We conclude that the trial court did not abuse its discretion in admitting the DNA evidence,’’ the three-judge panel wrote.

Muskegon County Chief Assistant Prosecutor Timothy Maat said he was happy with what he called a landmark ruling.

“This is a big deal and it is a landmark decision as it relates to this DNA testing, so we are very pleased,’’ Maat said.

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