People v. Dail
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*874The Supreme Court properly declined to suppress DNA evidence derived from a buccal swab. The evidence presented at the suppression hearing supports the court’s conclusion that the defendant voluntarily agreed to give the police a saliva sample for testing (see People v Gonzalez, 39 NY2d 122, 128 [1976]; People v Brewster, 48 AD3d 696 [2008], cert denied 555 US —, 129 S Ct 265 [2008]; People v Edwards, 46 AD3d 698, 699 [2007]). While the defendant was in custody, he had been at the precinct for less than one hour when the saliva sample was requested, and only two officers were present in the…
2Cases cited22 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
- People v. GonzalezNew York Court of Appeals · 1976
- People v. RawlinsNew York Court of Appeals · 2008
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3Cited by34 opinions
- Washington v. GriffinCourt of Appeals for the Second Circuit · 2017
- People v. PitreAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CalafellAppellate Division of the Supreme Court of the State of New York · 2022
- People v. OsborneAppellate Division of the Supreme Court of the State of New York · 2011
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