Legal Opinion

People v. Afrika

New York Supreme Court

Decided October 23, 2001PublishedCited by 2 opinions

1Opinion of the Court

*822OPINION OF THE COURT

Kenneth R. Fisher, J.

Charged with first degree robbery and first degree sodomy on the sole basis of DNA evidence linking the. defendant with the sodomy victim, defendant moves to suppress all evidence derived from the blood sample used for the DNA analysis. The blood sample was taken by Erie County authorities in connection with another case. The order was signed on February 15, 2000, after written application was made pursuant to Matter of Abe A. (56 NY2d 288 [1982]). Defendant attacks the sufficiency of the affidavit supporting the application for the order on the ground…

2Cases cited38 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Dunaway v. New YorkSupreme Court of the United States · 1979
  3. Vernonia School District 47J v. ActonSupreme Court of the United States · 1995
  4. People v. BigelowNew York Court of Appeals · 1985
  5. Chandler v. MillerSupreme Court of the United States · 1997

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3Cited by2 opinions

  1. People v. AfrikaAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. AfrikaAppellate Division of the Supreme Court of the State of New York · 2004

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