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PEOPLE v. LEBRON

44 A.D.3d 310 (2007)

841 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELVIN LEBRON, Appellant.

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

Decided October 2, 2007.

CPL 440.30 (1-a), which provides a procedure for convicted defendants to seek DNA testing, is inapplicable to persons who pleaded guilty (see People v Byrdsong, 33 A.D.3d 175 [2006], lv denied 7 N.Y.3d 900 [2006]). Since defendant pleaded guilty, he may not avail himself of the provisions of the statute. Contrary to defendant's argument, this Court, in its previous decision noting the appropriate procedure for defendant to...

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