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PEOPLE v. CONCEPCION

9458, 2443/90.

104 A.D.3d 442 (2013)

960 N.Y.S.2d 412

2013 NY Slip Op 1477

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIPE CONCEPCION, Appellant.

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

March 7, 2013.

Order, Supreme Court, Bronx County (John N. Byrne, J.), entered on or about October 14, 2005, which denied defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing, unanimously affirmed.

The court properly denied defendant's motion for DNA testing of a hair found in the apartment where he, his codefendant, and an unidentified man shot three women after kidnapping them. Defendant's argument that the verdict would...

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