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PEOPLE v. DAVIS

299 A.D.2d 874 (2002)

749 N.Y.S.2d 204

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KING DAVIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 15, 2002.

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 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 A.D.2d 664

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