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PEOPLE v. VELEZ

53 A.D.3d 509 (2008)

859 N.Y.S.2d 568

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE VELEZ, Appellant.

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

Decided July 1, 2008.

Ordered that the order is affirmed.

The Supreme Court properly denied that branch of the defendant's post-conviction motion which was pursuant to CPL 440.30 (1-a) for DNA testing of certain physical evidence secured in connection with his 1993 trial. Contrary to the defendant's contention, the People met their burden of establishing that no such evidence is available for testing by submitting an official record indicating...

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