People v. Foxworth

81 A.D.3d 547, 917 N.Y.S.2d 558

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.