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MATTER OF HAMPSHIRE v. SCARANO

270 A.D.2d 794 (2000)

705 N.Y.S.2d 130

In the Matter of JEFFREY T. HAMPSHIRE, Petitioner, v. JERRY J. SCARANO, as County Judge of Saratoga County, et al., Respondents.

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

Decided March 30, 2000.

Mugglin, J.

By felony complaint, sworn to February 18, 2000, petitioner was charged with murder in the second degree for his role in the February 12, 2000 death of 91-year-old Ruth Witter. On February 21, 2000, respondent Saratoga County District Attorney moved in Stillwater Town Court, where the criminal action was pending, for an order pursuant to CPL 240.40 authorizing a physical examination of petitioner and, inter alia, the taking of his fingerprints,...

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