NY court: Illegal to use TASER to compel a suspect to give DNA sample

Retrial ordered for man convicted of two home invasions, one including a shooting


By Thomas J. Prohaska
Buffalo News

LOCKPORT, N.Y. — It's illegal for police to use a Taser to compel a suspect to give a DNA sample, an appeals court ruled Friday as it ordered a new trial for a Niagara Falls man convicted of two home invasions, one including a shooting, and a gas station robbery.

The Appellate Division of State Supreme Court ruled 4-1 that Ryan S. Smith of Niagara Falls should have a new trial because DNA evidence obtained after police zapped him with 50,000 volts of electricity should have been disallowed.

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