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People v. Davis

299 A.D.2d 874 Court N.Y. App. Div. Decision date 2002-11-15 English

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p. 874
The People of the State of New York, Respondent, v King Davis, Appellant.
[749 NYS2d 204]

Appeal from an order of Onondaga County Court (Fahey, J.), entered January 17, 2002, which denied defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence from a trial in 1978.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court properly denied defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of certain

p. 875
evidence from a trial in 1978. Defendant failed to meet his burden of establishing that the evidence is still in existence (see People v Ahlers, 285 AD2d 664 , lv denied 97 NY2d 701 ; see also People v Logan, 291 AD2d 459 , lv denied 98 NY2d 638 ). Present — Pine, J.P., Wisner, Hurlbutt, Kehoe and Burns, JJ.

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