Opinion
2002-01566.
Decided January 26, 2004.
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated September 28, 2001, which denied, without a hearing, his motion pursuant to CPL 440.30(1-a) for forensic DNA testing of certain evidence recovered by the police.
Lynn W.L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
Before: ROBERT W. SCHMIDT and STEPHEN G. CRANE, JJ.
DECISION ORDER
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 of certain evidence recovered by the police ( see People v. McCloud, 303 A.D.2d 604, lv denied 100 N.Y.2d 584; People v. Logan, 291 A.D.2d 459).
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.