People v. Leung
This text of 3 A.D.3d 582 (People v. Leung) 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 Supreme Court, Kings County (Harms, J.), dated September 28, 2001, which denied, without a hearing, his motion pursuant to CEL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police.
Ordered that the order is affirmed.
Under the circumstances of this case, the Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CEL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police (see People v McCloud, 303 AD2d 604 [2003], lv denied 100 NY2d 584 [2003]; People v Logan, 291 AD2d 459 [2002]). Florio, J.P., H. Miller, Schmidt and Crane, JJ., concur.
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Cite This Page — Counsel Stack
3 A.D.3d 582, 770 N.Y.S.2d 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leung-nyappdiv-2004.