Ordered that the order is modified by adding a provision thereto denying the defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.
This case arises from a 1998 residential burglary in Brooklyn. After the crime, the police recovered a hat, which they vouchered as investigatory evidence. The defendant was linked to the crime almost four years later. He was tried twice, the second time in 2007, and his judgment of conviction after that...
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