Opinion
2000-07793
Submitted February 20, 2003.
March 17, 2003.
Appeal by the defendant from an order of the County Court, Nassau County (DeRiggi, J.), dated October 1, 1997, which, without a hearing, denied his motion pursuant to CPL 440.30(1-a) for forensic DNA testing of certain evidence recovered by the police.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Tammy Feman of counsel), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Judith R. Sternberg of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, 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 on certain evidence recovered by the police (see People v. McDonald, 298 A.D.2d 466).
ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.