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MATTER OF LUNNEY v. GOORD

290 A.D.2d 687 (2002)

736 N.Y.S.2d 718

In the Matter of GEORGE LUNNEY, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided January 10, 2002.

Mercure, J.P.

Executive Law § 995-c (3) requires that certain felony offenders "provide a sample appropriate for DNA testing to determine identification characteristics specific to such person and to be included in a state DNA identification index." Petitioner was charged in a misbehavior report with refusing to comply with a direct order to provide a blood sample for the statutorily required DNA testing. Although...

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