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MATTER OF STEVENS v. NEW YORK STATE DIV. OF CRIMINAL JUSTICE SERVS.

No. 70.

2023 NY Slip Op 05351

IN THE MATTER OF TERRENCE STEVENS ET AL., Respondents, v. NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES, ET AL., Appellants.

Court of Appeals of New York.

Decided October 24, 2023.

Attorney(s) appearing for the Case

Matthew W. Grieco , for appellants.

Doran J. Satanove , for respondents.

District Attorneys Association of the State of New York, Inc.; Alexander F. Roehrkasse ; Parents of Murdered Children, Inc.; New York Civil Liberties Union; Brendan Parent ; Erin E. Murphy , amici curiae.

The issue before us is whether the legislature's grant of rulemaking authority to the Commission on Forensic Sciences was sufficient to authorize the Commission's promulgation of the Familial DNA Search Regulations, codified at 9 NYCRR 6192.1 and 6192.3. We hold that it was.

I.

In 1994, cognizant of the promises...

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