Opinion
1999-07262
Submitted September 19, 2002.
October 15, 2002.
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.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
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.