Torino v. Cruz

In this paternity proceeding pursuant to article 5 of the Family Court Act the court must decide what legal effect to give conflicting blood grouping test reports, only one of which excludes respondent as the father of petitioner’s out-of-wedlock child.

In New York, the report of a nonexclusionary blood grouping test is not admissible into evidence to prove paternity, on the theory that the probative value of such a report is not great enough to counterbalance its possible prejudicial effect. (Family Ct. Act, §§418, 532.)1 On the other hand, in the absence of contradictory evidence, New York…