PEOPLE v. BORRELL

2010-07112

128 A.D.3d 1085 (2015)

8 N.Y.S.3d 602

2015 NY Slip Op 04501

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO BORRELL, Appellant.

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

Decided May 27, 2015.


Appeal by the defendant from so much of an order of the Supreme Court, Queens County (McGann, J.), dated June 10, 2010, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.

Ordered that the order is affirmed insofar as appealed from.

The Supreme Court properly denied, without a hearing, that branch of the defendant's motion which was pursuant to CPL 440.30 (1-a) for DNA testing...

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