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McKITHEN v. BROWN

No. 02-CV-1670 (JG)(LB).

565 F.Supp.2d 440 (2008)

Frank McKITHEN, Plaintiff, v. Richard BROWN, District Attorney, County of Queens, Defendant.

United States District Court, E.D. New York.

July 21, 2008.

Attorney(s) appearing for the Case

Arent Fox LLP, by Allen G. Reiter, New York, NY, for Plaintiff.

Michael A. Cardozo, Corporation Counsel of the City of New York, by Karl Ashanti, Drake A. Colley, New York, NY, for Defendant.

MEMORANDUM AND ORDER

JOHN GLEESON, District Judge:

This case presents the question whether the United States Constitution requires that a convicted defendant be granted access to evidence for the purpose of DNA testing, an issue of first impression in this circuit. Frank McKithen is in prison for stabbing his wife Rose with a kitchen knife on August 21, 1992. McKithen wishes to subject the knife to DNA testing, which he contends will demonstrate that...

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