X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
american lawyer media news service New york-In a challenge to New York’s 1999 expansion of the DNA criminal registry, the state’s highest court has held that the law can be applied retroactively since its objective is to aid crime investigations and not to punish past behavior. The New York Court of Appeals, in Paul Kellogg v. Brion D. Travis, rejected a paroled convict’s claim that the DNA requirement amounted to an unconstitutional ex post facto law. Judge Albert M. Rosenblatt, writing for the court, said ex post facto applies only to penal statutes that seek to impose punishment. That, he said, is not the case here. “Because the purpose of the DNA identification index is to aid in investigation, and not to punish, the retroactive application of the amendment comports with the Ex Post Facto Clause,” Rosenblatt wrote. The appeal involves a man, Paul Kellogg, who was convicted in 1994 of assault and weapons charges. While on parole in 2000, Kellogg’s parole officer advised him that an amendment to the DNA registry law required him to submit a DNA sample. Kellogg, a violent felony offender, complied under protest and then challenged the constitutionality of the law.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.