People v. Fomby
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.P
In October 2009, police investigator Nicholas Demuth applied for a warrant to take a buccal swab from defendant, who was incarcerated and suspected of committing multiple burglaries. One of the victims of the burglary at issue in this case, which took place in the Town of Elmira, Chemung County, found spots of blood on a blanket, bed skirt and robe after the break-in. Demuth sought to compare defendant’s DNA to that in the blood stain evidence from the victims’ home. The People concede that the search warrant application was made without notice to defendant,…
2Cases cited7 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SterlingAppellate Division of the Supreme Court of the State of New York · 2008
- People v. FombyAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by6 opinions
- People v. FombyAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Dayshawn S.Appellate Division of the Supreme Court of the State of New York · 2014
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2014
- Com. v. Dowdy, R.Superior Court of Pennsylvania · 2018
- People v. FombyAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.