PEOPLE v. HURDLE


56 A.D.3d 317 (2008)

867 N.Y.S.2d 411

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD HURDLE, Appellant.

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

November 18, 2008.


Even construing defendant's "reply" affidavit to be a supplementary motion for an order directing the People to locate additional evidence containing DNA, and, if located, to perform forensic DNA testing on that evidence, that motion was without merit. If DNA was present at all the possible crime scene locations posited by defendant, and if testing revealed that the DNA was that of the codefendant but not that of defendant, these results would not have created a reasonable...

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