PEOPLE v. RADTKE


152 Misc.2d 744 (1991)

The People of the State of New York, Plaintiff, v. Jason Radtke, Defendant.

Supreme Court, Queens County.

December 12, 1991


Attorney(s) appearing for the Case

Joseph F. DeFelice for defendant. Richard A. Brown, District Attorney (Daniel M. Sullivan of counsel), for plaintiff.


DAVID GOLDSTEIN, J.

Under what circumstances may a defendant in a homicide case obtain an order to exhume the body or remains and for a new autopsy as to the cause of death?

This is a motion by defendant for an order directing the exhumation of the body of his six-day-old child, Anthony Radtke, who is buried without the State, in Nebraska, in order to examine and test the skeletal remains and tissues...

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