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PEOPLE v. SIMMONS

63 A.D.3d 1605 (2009)

879 N.Y.S.2d 774

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS L. SIMMONS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 5, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: County Court properly denied defendant's postjudgment motion pursuant to CPL 440.30 (1-a) for DNA testing. We note that defendant has abandoned any request for DNA testing on blood found in the basement where the alleged rape occurred inasmuch as his contention in his brief on appeal is limited to DNA testing of pubic hair (see generally People v Jansen,

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