People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Peradotto, J.
On appeal from a judgment convicting him upon a jury verdict of, inter alia, five counts of burglary in the first degree (Penal Law § 140.30 [2]-[4]) and seven counts of robbery in the first degree (id. § 160.15 [1], [3], [4]), defendant contends in his main and pro se supplemental briefs that County Court erred in denying his motion to suppress DNA evidence because he lacked notice of the application seeking to compel him to provide a buccal swab and because the police used excessive force to obtain the swab. We agree, and we therefore conclude that the…
Also in this document: Dissent.
2Cases cited19 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Tracy v. FreshwaterCourt of Appeals for the Second Circuit · 2010
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
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3Cited by29 opinions
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 2013
- People v. EasleyAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. FarrareAppellate Division of the Supreme Court of the State of New York · 2014
- People v. FombyAppellate Division of the Supreme Court of the State of New York · 2012
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