People v. Foxworth
This text of 81 A.D.3d 547 (People v. Foxworth) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about October 26, 2007, which denied defendant’s CPL 440.30 (1-a) motion for DNA testing, unanimously affirmed.
CPL 440.30 (1-a), which provides a procedure for convicted defendants to seek DNA testing, is inapplicable to persons who pleaded guilty (People v Lebron, 44 AD3d 310 [2007], lv denied 9 NY3d 1007 [2007]; People v Byrdsong, 33 AD3d 175 [2006], lv denied 7 NY3d 900 [2006]). Since defendant pleaded guilty, he may not avail himself of the provisions of the statute. Concur— Saxe, J.P., Friedman, DeGrasse, Freedman and Abdus-Salaam, JJ.
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Cite This Page — Counsel Stack
81 A.D.3d 547, 917 N.Y.S.2d 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-foxworth-nyappdiv-2011.