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MATTER OF ABE A

81 A.D.2d 362 (1981)

In the Matter of an Investigation into the Death of Abe A. Jon L., Appellant; District Attorney, New York County, Respondent

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

June 25, 1981

Attorney(s) appearing for the Case

Lawrence Iason of counsel (Robert Kasanof and Howard E. Heiss with him on the brief; Kasanof Schwartz Iason, attorneys), for appellant.

Garry Greenfield of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., and KUPFERMAN, J., concur with ROSS, J.; SILVERMAN, J., dissents in an opinion.

ROSS, J.

Can a citizen who is a suspect in an ongoing homicide investigation, and against whom no criminal proceeding has been instituted, be compelled to provide a sample of his blood for analysis? A majority of this court concludes that it was error to require this blood extraction.

Jon L., the appellant herein, was the business partner of Abe A., the decedent. Deceased was last seen alive while parking his car at approximately 6:30 P.M. on...

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