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KELLOGG v. TRAVIS

100 N.Y.2d 407 (2003)

796 N.E.2d 467

764 N.Y.S.2d 376

PAUL KELLOGG, Appellant, v. BRION D. TRAVIS, as Chair of the New York State Board of Parole, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 1, 2003.

Attorney(s) appearing for the Case

Sturim & Nizin, Kew Gardens (Allan Sturim of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Deon J. Nossel and Michael S. Belohlavek of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, CIPARICK, GRAFFEO and READ concur.

OPINION OF THE COURT

ROSENBLATT, J.

Since 1996, New York has maintained a DNA identification index, which consists of a databank of the genetic markers of certain criminal offenders for use by law enforcement officials investigating subsequent crimes (see generally Executive Law § 995-c). The law requires those offenders to submit a DNA sample that is then forwarded for laboratory analysis "only for...

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