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WASHPON v. KINGS COUNTY DA

164 Misc.2d 991 (1995)

625 N.Y.S.2d 874

In the Matter of Samuel Washpon, Petitioner, v. New York State District Attorney, Kings County, Respondent.

Supreme Court, Kings County.

March 13, 1995

Attorney(s) appearing for the Case

Samuel Washpon, petitioner pro se. Charles J. Hynes, District Attorney of Kings County, pro se, and Jodi A. Catalano for Charles J. Hynes, respondent.

JULIUS VINIK, J.

Defendant Samuel Washpon instituted a CPLR article 78 proceeding against the Kings County District Attorney to compel blood group and DNA testing of the semen found on the jumpsuit and vaginal swab of a 1984 rape victim. As a CPLR article 78 proceeding is the incorrect section (see, Matter of Gold v Gartenstein, 54 N.Y.2d 627), the court converted...

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