Legal Opinion
Hampshire v. Scarano
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 2000PublishedCited by 3 opinions
1Opinion of the Court
—Mugglin, J.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit, inter alia, a physical examination of petitioner and the testing of samples of his blood, hair and saliva.
By felony complaint, sworn to February 18, 2000, petitioner was charged with murder in the second degree for his role in the February 12, 2000 death of 91-year-old Ruth Witter. On February 21, 2000, respondent Saratoga County District Attorney moved in Stillwater Town Court, where the criminal action was pending, for an order pursuant to CPL 240.40 authorizing a physical…
2Cases cited10 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- La Rocca v. LaneNew York Court of Appeals · 1975
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- B. T. Productions, Inc. v. BarrNew York Court of Appeals · 1978
- MATTER OF TOWN OF HUNTINGTON v. New York State Div. of Human RightsNew York Court of Appeals · 1993
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3Cited by3 opinions
- People v. PryorAppellate Division of the Supreme Court of the State of New York · 2005
- Weissman v. LangeAppellate Division of the Supreme Court of the State of New York · 2004
- Peek v. New York State Division of Human RightsNew York Supreme Court · 2007