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MATTER OF DABBS v. VERGARI

149 Misc.2d 844 (1990)

In the Matter of Charles Dabbs, Petitioner, v. Carl A. Vergari, as District Attorney of Westchester County, Respondent.

Supreme Court, Westchester County.

November 21, 1990

Attorney(s) appearing for the Case

Andrew M. Micek for petitioner. Carl A. Vergari, pro se, and Joseph M. Latino for Carl A. Vergari, respondent.

NICHOLAS COLABELLA, J.

In a proceeding pursuant to CPLR article 78, petitioner seeks to compel the respondent District Attorney to permit DNA testing of physical evidence presented at the trial of his criminal action in which he was convicted for rape in the first degree (indictment No. 81-367). The judgment of conviction was affirmed (see, People v Dabbs, 141 A.D.2d 664

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