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PEOPLE v. SWIFT

617 KA 12-00572.

108 A.D.3d 1060 (2013)

968 N.Y.S.2d 782

2013 NY Slip Op 5125

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMMY SWIFT, Appellant.

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

Decided July 5, 2013.

Appeal from an order of the Cayuga County Court (Thomas G. Leone, J.), entered October 28, 2010. The order, insofar as appealed from, denied the motion of defendant for additional DNA testing pursuant to CPL 440.30 (1-a).

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

Memorandum: Defendant appeals from an order that, inter alia, denied his pro se motion pursuant to CPL 440.30 (1-a) for additional DNA testing of certain items...

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