Opinion
2000-04312
Submitted February 5, 2002.
February 26, 2002.
Appeal by the defendant from so much of an order of the Supreme Court, Kings County (Kreindler, J.), dated April 11, 2000, as, without a hearing, denied his motion pursuant to CPL 440.30(1)(a) for forensic DNA testing on certain evidence recovered by the police.
Steven A. Feldman, Hauppauge, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from.
Under the circumstances of this case, the Supreme Court properly denied 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., ADAMS, TOWNES and CRANE, JJ., concur.