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PEOPLE v. ROBINSON

NO. 248/93, 2014-03368

147 A.D.3d 784 (2017)

47 N.Y.S.3d 343

2017 NY Slip Op 00665

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ROBINSON, Appellant.

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

Decided February 1, 2017.

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Queens County (Knopf, J.), dated February 18, 2014, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendant's motion pursuant to CPL 440.30 (1-a) which were for forensic DNA...

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