PEOPLE v. VERNON B.

2011KN089440.

38 Misc.3d 343 (2012)

954 N.Y.S.2d 835

2012 NY Slip Op 22329

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VERNON B., Defendant.

Criminal Court of the City of New York, Kings County.

November 19, 2012.


Attorney(s) appearing for the Case

Legal Aid Society ( Roy Wasserman of counsel) for defendant.

Charles J. Hynes , District Attorney ( Brandon C. Smith of counsel), for plaintiff.


OPINION OF THE COURT

JOHN T. HECHT, J.

In this case, the People sought an order compelling defendant to submit to a DNA swab to determine if his DNA was on a weapon, a Taurus 9 millimeter handgun, which the police allege they saw him toss from the window of his residence. I held a decision on the swab order in abeyance pending a suppression hearing, for if the gun had been seized in violation of defendant's privacy rights, then the swab order would not issue...

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