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PEOPLE v. FLAX

538 KA 12-01908.

117 A.D.3d 1582 (2014)

985 N.Y.S.2d 396

2014 NY Slip Op 3416

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEWNON FLAX, Appellant.

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

Decided May 9, 2014.

Appeal from an order of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered May 3, 2012. The order, insofar as appealed from, denied that part of the motion of defendant pursuant to CPL 440.30 (1-a) for DNA testing.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law, and the matter is remitted to Supreme Court, Erie County, for a hearing in accordance with the following...

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