Opinion
KA 13-01231 KA 13-01565 Indictment No: 88-0262-01
09-09-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHARLIE MIXON, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved to consolidate the appeal taken from that part of an order of Supreme Court, Erie County entered May 16, 2013, which denied the request of the defendant for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a) (KA 13-01565), with an application pursuant to CPL 460.15 seeking permission to appeal from an order of Supreme Court, Erie County entered May 16, 2013 (KA 13-01231),
Now, upon reading and filing the affidavit of Charlie Mixon sworn to June 15, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Frances E. Cafarell, Clerk