Legal Opinion
David M. v. Dwyer
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 1985PublishedCited by 16 opinions
1Opinion of the Court
— Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506, subd [b], par 1) to prohibit respondents from obtaining blood and hair samples of petitioner.
Petitioner is a 17-year-old male who was arrested and charged with murder in the second degree, robbery in the first degree and burglary in the first degree. Following a preliminary examination, the City of Troy Police Court dismissed these charges for lack of probable cause. Petitioner was thereupon discharged from custody as to the felony charges, but remained incarcerated in the Albany County Jail on pending…
2Cases cited4 opinions
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- Veras v. Truth Verification Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Veras v. Truth Verification Corp.New York Court of Appeals · 1982
- Brown v. MonserrateAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by16 opinions
- State v. BaccusSupreme Court of South Carolina · 2006
- People v. DemmingAppellate Division of the Supreme Court of the State of New York · 1986
- James N. v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1988
- Anonymous v. CacciabaudoAppellate Division of the Supreme Court of the State of New York · 1989
- William D. v. RohlAppellate Division of the Supreme Court of the State of New York · 1989
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