PEOPLE v. STERLING


57 A.D.3d 1110 (2008)

869 N.Y.S.2d 288

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK C. STERLING, Appellant.

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

December 11, 2008.


Peters, J.

While incarcerated at the Tioga County Jail for the commission of an unrelated offense, defendant was asked to provide a DNA sample in connection with the investigation of two incidents involving the burglary and rape of female victims. Upon his refusal, a jail correction officer was instructed to retain the remnants from defendant's lunch meal tray for the purpose of DNA analysis. Based on, among other things, the results of a DNA comparison of a milk...

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