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In the Matter of LARRY J. BROWN, Petitioner, v. PATRICK D. MONSERRATE, as Tompkins County Judge, et al., Respondents.

¶ A hearing should be held and expert testimony received concerning the conclusiveness and probative value of the enzyme phenotyping procedure and microscopic comparison of human hair analysis sought by the police. Such evidence should include, but not be limited to, the results obtained from testing the spermatozoa found in the victims' bodies and the human hairs recovered from their beds, and the frequency of occurrence of the same characteristics in the general population (see Matter of Abe A., 56 N.Y.2d 288; People v Borcsok, 114 Misc.2d 810). Determination of the proceeding will be held in abeyance in the interim. ¶ Decision withheld, and matter remitted to County Court of Tompkins County for further proceedings not inconsistent herewith. Kane, J.P., Main, Yesawich, Jr., and Harvey, JJ., concur.

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MATTER OF BROWN v. MONSERRATE
(Apr 26, 1984)