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PEOPLE v. HANDLEY

105 Misc.2d 215 (1980)

The People of the State of New York, Plaintiff, v. John Handley, Defendant.

Supreme Court, Monroe County.

September 22, 1980.

Attorney(s) appearing for the Case

Lawrence T. Kurlander, District Attorney (Mary Ann Hawco of counsel), for plaintiff. Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for defendant.

ROBERT P. KENNEDY, J.

Defendant has been indicted for the crimes of rape in the first degree and sodomy in the first degree. The People in their reply to defendant's omnibus motion have moved pursuant to CPL 240.40 (subd 2, par [b], cl [v]) "for an order compelling the defendant to submit to the taking of a blood sample. This request is made to enable the police laboratory to perform tests upon the victim's clothing for comparison purposes. In addition...

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