Opinion
KA 09-00922.
Decided on June 11, 2010.
Appeal from an order of the Erie County Court (Shirley Troutman, J.), entered March 26, 2009. The order, insofar as appealed from, denied the motion of defendant pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.
KEVIN J. BAUER, ALBANY, FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND PINE, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed for reasons stated in the decision at County Court.