People v. McDonald — 298 A.D.2d 466

Majority

p. 466

The People of the State of New York, Respondent, v Thomas McDonald, Appellant.

[748 NYS2d 275]

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

p. 467

certain evidence recovered by the police. Altman, J.P., Smith, H. Miller and Adams, JJ., concur.