PEOPLE v. RIVERA


40 A.D.3d 1208 (2007)

836 N.Y.S.2d 713

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL RIVERA, Appellant.

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

Decided May 10, 2007.


Kane, J.

After a gunman robbed a Wendy's restaurant, the police recovered from the scene a band-aid that reportedly fell off the robber. More than one year later, the DNA sample from the band-aid was matched to defendant, who had recently been incarcerated in a Florida prison. An investigator went to Florida and, with the help of local police and the Florida State Attorney's office, assembled materials necessary for a search warrant application, which they presented...

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