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PEOPLE v. BYRDSONG

33 A.D.3d 175 (2006)

820 N.Y.S.2d 296

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE BYRDSONG, Appellant.

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

August 1, 2006.

Attorney(s) appearing for the Case

Steven Banks, New York City (Harold V. Ferguson, Jr., of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Nicoletta J. Caferri, Michael Tarbutton and Sharon Y. Brodt of counsel), for respondent.

FLORIO, J.P., CRANE and SPOLZINO, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether a defendant who pleads guilty to the crime in issue is entitled to deoxyribonucleic acid (hereinafter DNA) testing pursuant to CPL 440.30 (1-a). We find that relief pursuant to CPL 440.30 (1-a) is not available to a defendant who pleads guilty.

On December 7, 1981, the complainant was the victim of a crime perpetrated by three persons. The complainant contended that while one perpetrator...

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