PEOPLE v. AFRIKA


189 Misc.2d 821 (2001)

738 N.Y.S.2d 159

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. NACHE AFRIKA, Defendant.

Supreme Court, Monroe County.

October 23, 2001.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County (Mary P. Davison of counsel), for defendant.

Howard R. Relin, District Attorney of Monroe County (Gino M. Nitti of counsel), for plaintiff.


OPINION OF THE COURT

KENNETH R. FISHER, J.

Charged with first degree robbery and first degree sodomy on the sole basis of DNA evidence linking the defendant with the sodomy victim, defendant moves to suppress all evidence derived from the blood sample used for the DNA analysis. The blood sample was taken by Erie County authorities in connection with another case. The order was signed on February 15, 2000...

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