PEOPLE v. VELLAKE


3 A.D.3d 787 (2004)

770 N.Y.S.2d 895

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUY P. VELLAKE, Appellant.

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

January 29, 2004.


Mugglin, J.

After his wife's body was found floating in Cayuga Lake near Stewart Park in the City of Ithaca, Tompkins County, on July 2, 2000, defendant was charged with two counts of second degree murder. At his August 2, 2000 arraignment, defendant entered a plea of not guilty. The prosecution served an order to show cause prior to the arraignment requesting that defendant be ordered to provide a sample for DNA testing and maintaining that DNA evidence was crucial...

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