Legal Opinion
People v. Nelson
New York Supreme Court
Decided August 21, 1991PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Alan D. Marrus, J.
Upon an application by a defendant charged with rape, who seeks to conduct his own serological test of physical evidence recovered by the police, may a court compel the complainant to provide samples of her blood and saliva? Since the court has no constitutional or statutory power to issue such an *952order and since, on the facts of this case serological test results could not exculpate the defendant, the application is denied.
The People allege that on August 10, 1990, the defendant choked the complainant, pushed her onto a bed, and forcibly inserted his…
2Cases cited10 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Breithaupt v. AbramSupreme Court of the United States · 1957
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- People v. MoselleNew York Court of Appeals · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. NicholasNew York Supreme Court · 1993