People v. McDonald

298 A.D.2d 466, 748 N.Y.S.2d 275, 2002 N.Y. App. Div. LEXIS 9844

Opinion

Appeal by the defendant from an order of the Supreme Court, Kings County (Martin, J.), dated June 23, 1999, which, without a hearing, denied his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing on 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 CPL 440.30 (1-a) for forensic DNA testing on certain evidence recovered by the police. Altman, J.P., Smith, H. Miller and Adams, JJ., concur.