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PEOPLE v. LOGAN

291 A.D.2d 459 (2002)

737 N.Y.S.2d 549

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LOGAN, Appellant.

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

Decided February 11, 2002.

Ordered that the order is affirmed.

The Supreme Court properly denied the defendant's motion pursuant to CPL 440.30 (1-a) and 440.10 (1) (g) to vacate his judgment of conviction since the defendant failed to demonstrate that the items he seeks to have tested for DNA are still in existence (see, CPL 440.30 [1-a]; People v Ahlers, 285 A.D.2d 664; Matter of Washpon v New York State Dist. Attorney,

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