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MTR. OF BARBER v. RUBIN

72 A.D.2d 347 (1980)

In the Matter of James Barber, Petitioner, v. Isaac Rubin, as Justice of The Supreme Court of the State of New York, Respondent

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

February 4, 1980

Attorney(s) appearing for the Case

Stephen J. Pittari (David B. Weisfuse of counsel), for petitioner.

Carl A. Vergari, District Attorney (Gerald D. Reilly, Michael E. Halkitis and Anthony J. Servino of counsel), for respondent.

DAMIANI, TITONE and O'CONNOR, JJ., concur.

HOPKINS, J. P.

The petitioner has been indicted for murder in the second degree and other crimes. The clenched fist of the victim contained a number of human hairs. The Supreme Court, on application of the District Attorney, granted an order permitting a physician to extract hairs, including roots, from the petitioner's head, for use as specimens to determine whether the hairs found in the victim's hand had come...

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