Ordered that the appeal from the order dated July 1, 2005 is dismissed, as that order was superseded by the order dated July 15, 2005, made upon reargument; and it is further,
Ordered that the order dated July 15, 2005 is affirmed insofar as appealed from.
The Supreme Court properly denied the defendant's motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of evidence. The defendant failed to make a sufficient showing that, if DNA test results had...
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