Legal Opinion

Chaplin v. McGrath

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1995PublishedCited by 5 opinions

1Opinion of the Court

Mercure, J. Proceedings pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondents from obtaining blood samples and dental impressions of petitioner.

Petitioner is suspected of committing a murder in a staff apartment at an Association of Retarded Persons Care group home in the City of Troy, Rensselaer County, on March 24, 1994. Police investigation indicated that the female victim, a counselor working the overnight shift, had been bludgeoned to death with an unknown instrument. At the time of discovery of the victim’s body, semen was found on…

2Cases cited3 opinions

  1. In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
  2. David M. v. DwyerAppellate Division of the Supreme Court of the State of New York · 1985
  3. Anonymous v. CacciabaudoAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by5 opinions

  1. People v. KingAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. InnabAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. PryorAppellate Division of the Supreme Court of the State of New York · 2005
  4. Tucker v. BuscagliaAppellate Division of the Supreme Court of the State of New York · 1999
  5. Hampshire v. ScaranoAppellate Division of the Supreme Court of the State of New York · 2000

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