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PEOPLE v. GATEWOOD

2010-09324.

105 A.D.3d 866 (2013)

961 N.Y.S.2d 808

2013 NY Slip Op 2413

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN GATEWOOD, Appellant.

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

Decided April 10, 2013.

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the County Court, Dutchess County (Hayes, J.), dated August 18, 2010, which denied, without a hearing, his postconviction motion pursuant to CPL 440.30 (1-a) for DNA testing.

Ordered that the order is affirmed.

The County Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing since the defendant failed to show that there was a reasonable...

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