PEOPLE v. BAILEY


156 A.D.2d 846 (1989)

The People of the State of New York, Respondent, v. Cameron Bailey, Appellant

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

December 21, 1989


Mahoney, P. J.

Defendant was indicted for sodomy in the first degree and three counts of rape in the first degree for incidents occurring in Albany County during 1986. In order to conduct DNA fingerprinting tests in an effort to establish defendant as the perpetrator of these crimes, the People moved to obtain blood samples from defendant pursuant to CPL 240.40 (2) (v). Pursuant to Frye v United States (293 F 1013) and People v Middleton

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