NY2: Murder conviction reversed: state failed to show PC to take def’s DNA

Probable cause was not shown to take defendant’s DNA. “Here, as the People correctly concede, the affidavit of the detective submitted in support of the search warrant application was conclusory and insufficient to establish probable cause to issue the warrant …. The detective stated that he believed evidence related to the victim’s murder may be found in the defendant’s saliva based on his interview of witnesses, information supplied to him by fellow police officers, and his review of police department records. However, the detective did not identify the witnesses or indicate what information he obtained from them, and did not specify what police department records he reviewed, or what information was contained in the records ….” The state argued harmless error, but it’s not. People v. Augustus, 2018 NY Slip Op 05480, 2018 N.Y. App. Div. LEXIS 5354 (2d Dept. July 25, 2018).*