Brown v. Monserrate

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506, subd [b], par 1) to prohibit respondents from enforcing a search warrant. H A hearing should be held and expert testimony received concerning the conclusiveness and probative value of the enzyme phenotyping procedure and microscopic comparison of human hair analysis sought by the police. Such evidence should include, but not be limited to, the results obtained from testing the spermatozoa found in the victims’ bodies and the human hairs recovered from their beds, and the frequency of occurrence of the same…