Legal Opinion
People v. Addison
New York Supreme Court
Decided January 15, 2016PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Jeanette Rodriguez-Morick, J.
By decision and order, dated September 2, 2015, this court denied as untimely the People’s motion for an order authorizing the taking of a saliva sample from defendant Muhammad Addison. The People now move to reargue.1
In their original moving papers, the People argued that they were entitled to such an order under CPL 240.40 based on the material and relevant evidence that a subsequent DNA comparison would yield. Though defendant opposed the motion based on untimeliness under CPL 240.90 (1), the People never acknowledged the motion’s late…
2Cases cited14 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- United States v. DionisioSupreme Court of the United States · 1973
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- People v. HallNew York Court of Appeals · 2008
- United States v. Karen H. Amerson, United States of America v. Julius GravesCourt of Appeals for the Second Circuit · 2007
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3Cited by2 opinions
- People v. JonesNew York Supreme Court · 2017
- People v. SanonNew York Supreme Court · 2016