Denial of Motion to Compel a DNA Sample in New York
In People v. Washington, 33 Misc 3d 640, 929 N.Y.S.2d 432 (Crim Ct Kings Co 2011, Grasso, J), the defendant was observed grabbing his waistband, entered a two-family dwelling, and quickly exited.
When he did, police officers observed him drop a bag of marijuana to the ground.
Upon approaching him, police officers discovered he was in possession of a gravity knife. One of the police officers was then invited into the two-family dwelling and observed two firearms in plain view.
Arguing there was probable cause to believe that defendant's DNA would match the DNA swab taken from the guns, the People moved to compel a DNA sample.
Finding such allegations insufficient, the court denied it.