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IN THE MATTER OF SALADEEN v. PARKER

16 A.D.3d 737 (2005)

791 N.Y.S.2d 663

In the Matter of ISMAEL SALADEEN, Appellant, v. CHAUNCY G. PARKER, as Commissioner of the New York State Division of Criminal Justice Services, Respondent.

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

March 3, 2005.

Spain, J.

Petitioner was convicted of armed robbery and attempted murder in the second degree in 1983. In 2002, petitioner was convicted of murder in the second degree after it was discovered that his DNA—a sample of which had been taken by respondent in 2000 pursuant to Executive Law article 49-B—matched a DNA sample discovered at the scene of an unsolved 1982 homicide. Thereafter, petitioner requested that respondent expunge his DNA records, alleging...

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