Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35 [2]) and sexual abuse in the first degree (Penal Law § 130.65 [2]). Contrary to defendant's contention, County Court did not improvidently exercise its discretion under CPL 60.42 (5) in precluding evidence of the results of DNA testing that excluded defendant as the source of semen found in...
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