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PEOPLE v. HUMPHREY

103092.

92 A.D.3d 1024 (2012)

937 N.Y.S.2d 897

2012 NY Slip Op 860

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD J. HUMPHREY, JR., Appellant.

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

Decided February 9, 2012.

Defendant was convicted of three counts of rape in the second degree and his conviction was upheld on appeal (People v Humphrey, 30 A.D.3d 766 [2006], lv denied 7 N.Y.3d 813 [2006]). He subsequently moved pursuant to CPL 440.30 (1-a) seeking to have DNA evidence collected from the victim produced for comparison with his own DNA. As part of the motion, he also sought to have his...

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