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MTR OF STANDEN v. MARK

64 A.D.2d 209 (1978)

In the Matter of Warren R. Standen, Petitioner, v. Donald J. Mark, as County Court Judge of The County of Monroe, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 3, 1978

Attorney(s) appearing for the Case

Edward T. Nowak (Peter Sullivan of counsel), for petitioner.

Lawrence T. Kurlander (Adam Bernstein of counsel), for respondents.

MARSH, P. J., SIMONS, SCHNEPP and WITMER, JJ., concur.

HANCOCK, JR., J.

In what appears to be a case of first impression, we must decide whether the Monroe County Court had power to direct that samples of blood, hair, pubic hair and saliva be taken from an accused, held in New York under an extradition warrant, for the purpose of aiding an investigation of crimes which occurred in Nevada. We hold it did not.

The petitioner was arraigned on July 25, 1978 in Monroe County Court on a fugitive arrest...

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