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Legal Opinion

People v. Swinton

New York Supreme Court

Decided February 7, 2008Published

1Opinion of the Court

*248OPINION OF THE COURT

Joseph J. Dawson, J.

Defendant Reginald Swinton moves pro se pursuant to CPL 440.10 (1) (h) to vacate a judgment dated September 5, 1975 convicting him, after a plea of guilty on May 13, 1975, of rape in the first degree, and sentencing him to a prison term of from 5 to 15 years. In addition, Swinton seeks forensic testing of any rape kits or clothing related to his case that may contain deoxyribonucleic acid (DNA) pursuant to CPL 440.30 (1-a). Finally, Swinton seeks a temporary injunction directed at unnamed persons to prevent any “outside questioning” of him concerning…

2Cases cited9 opinions

  1. United States v. Gonzalez-LopezSupreme Court of the United States · 2006
  2. People v. ArroyaveNew York Court of Appeals · 1980
  3. People v. CooksNew York Court of Appeals · 1986
  4. People v. McLaughlinNew York Court of Appeals · 1944
  5. Cox v. J.D. Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1995

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