General
The People of the State of New York, Respondent, v. Thomas McDonald, Appellant
298 A.D.2d 466748 N.Y.S.2d 275·New York Supreme Court, Appellate Division·2002·NY
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Opinion
The People of the State of New York, Respondent, v Thomas McDonald, Appellant.
[748 NYS2d 275]
[MAJORITY]
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.
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.