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A.A. EX REL. B.A. v. ATTY. GENERAL

894 A.2d 31 (2006)

384 N.J. Super. 67

A.A., by his parent and guardian B.A., and Jamaal W. Allah, Plaintiffs-Respondents, v. ATTORNEY GENERAL OF NEW JERSEY and The New Jersey Department of Corrections, Defendants-Appellants, and Mercer County Probation Services, Defendant. A.A., by his parent and guardian B.A., and Jamaal W. Allah, Plaintiffs-Appellants, v. Attorney General of New Jersey and The New Jersey Department of Corrections, Defendants-Respondents, and Mercer County Probation Services, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 2006.

Attorney(s) appearing for the Case

Larry Etzweiler, Senior Deputy Attorney General, argued the cause for appellants in A-2320-04T3; respondents in A-2671-04T3 (Peter C. Harvey, Attorney General, attorney; Patricia Prezioso and Patrick DeAlmeida, Assistant Attorneys General, of counsel; Mr. Etzweiler, Janet Flanagan and Tamara L. Rudow, Deputy Attorneys General, on the brief).

Lawrence S. Lustberg, Newark, argued the cause for respondents in A-2320-04T3; appellants in A-2671-04T3 (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Gitanjali S. Gutierrez, on the brief).

American Civil Liberties Union of New Jersey, co-counsel for respondents in A-2320-04T3; appellants in A-2671-04T3 (Edward L. Barocas, on the brief).

Before Judges STERN, PARKER and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

This appeal is from a final order in a declaratory judgment action concerning the constitutionality of the DNA Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended by L. 2003, c. 183, § 1. The Act establishes a databank and database consisting of biological samples and DNA profiles of certain offenders...

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