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PEOPLE v. PERRY

2013-09651, Ind. No. 59/88.

138 A.D.3d 763 (2016)

27 N.Y.S.3d 888

2016 NY Slip Op 02669

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT PERRY, Appellant.

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

Decided April 6, 2016.

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Richmond County (Rienzi, J.), dated September 11, 2013, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing on certain evidence recovered by the police.

Ordered that the order is affirmed.

The Supreme Court correctly determined that certain changes in the law relevant to motions pursuant to CPL 440.30 (1-a) (see CPL 440...

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