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IN THE MATTER OF VALDES v. DEROSA

28 A.D.3d 781 (2006)

814 N.Y.S.2d 234

In the Matter of VICTOR VALDES, Petitioner, v. NICHOLAS DEROSA et al., Respondents.

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

April 25, 2006.

Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondents are prohibited from enforcing the order dated January 26, 2006.

The petitioner is a suspect in a death the police are investigating as a homicide. A police report of the investigation indicates, inter alia, that two human hairs were recovered. The District Attorney moved pursuant to Matter of Abe A. (56 N.Y.2d 288 [1982...

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