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IN RE STATE OF NEW YORK

103949.

103 A.D.3d 28 (2012)

956 N.Y.S.2d 633

2012 NY Slip Op 8827

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, CHRISTOPHER A. FOMBY, Appellant.

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

December 20, 2012.

Attorney(s) appearing for the Case

Maura Kennedy-Smith, Ithaca, for appellant, and appellant pro se.

Weeden A. Wetmore , District Attorney, Elmira ( Damian M. Sonsire of counsel), for respondent.

ROSE, KAVANAGH, STEIN and EGAN JR., JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

In October 2009, police investigator Nicholas Demuth applied for a warrant to take a buccal swab from defendant, who was incarcerated and suspected of committing multiple burglaries. One of the victims of the burglary at issue in this case, which took place in the Town of Elmira, Chemung County, found spots of blood on a blanket, bed skirt and robe after the break-in. Demuth sought to compare defendant's DNA to that in...

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