Barber v. Rubin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hopkins, J. P.
The petitioner has been indicted for murder in the second degree and other crimes. The clenched fist of the victim contained a number of human hairs. The Supreme Court, on application of the District Attorney, granted an order permitting a physician to extract hairs, including roots, from the petitioner’s head, for use as specimens to determine whether the hairs found in the victim’s hand had come from the petitioner.
The petitioner then brought this article 78 proceeding to prohibit the enforcement of the order of the Supreme Court. We held the application in…
2Cases cited15 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Holt v. United StatesSupreme Court of the United States · 1910
- People v. AllweissNew York Court of Appeals · 1979
- La Rocca v. LaneNew York Court of Appeals · 1975
- People v. CwiklaNew York Court of Appeals · 1979
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3Cited by22 opinions
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- Burgel v. BurgelAppellate Division of the Supreme Court of the State of New York · 1988
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1982
- James N. v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1988
- Anonymous v. CacciabaudoAppellate Division of the Supreme Court of the State of New York · 1989
17 more not listed; retrieve them via the Exa API.