People v. Holman
This text of 63 A.D.3d 1088 (People v. Holman) 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
Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), dated September 19, 2005, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a), inter alia, for additional DNA testing of evidence introduced against him at trial.
Ordered that the order is affirmed.
The County Court properly denied the defendant’s motion insofar as it challenged the admissibility of DNA evidence admitted at trial, since he previously challenged the admissibility of the DNA evidence on his direct appeal to this Court (see People v Holman, 248 AD2d 637 [1998]; CPL 440.10 [2] [a]). Moreover, the court properly determined that CPL 440.30 (1-a) does not provide for retesting of DNA material (see People v Jones, 307 AD2d 721 [2003]).
The defendant’s remaining contentions are without merit. Rivera, J.E, Florio, Belen and Austin, JJ., concur.
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Cite This Page — Counsel Stack
63 A.D.3d 1088, 880 N.Y.S.2d 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holman-nyappdiv-2009.