PEOPLE v. HURDLE

3238, 4250/74.

149 A.D.3d 528 (2017)

2017 NY Slip Op 02917

50 N.Y.S.3d 264

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD HURDLE, Appellant.

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

Decided April 18, 2017.


Defendant's motion was materially indistinguishable from a prior motion that was denied in an order affirmed by this Court (56 A.D.3d 317 [1st Dept 2008], lv denied 12 N.Y.3d 784 [2009]). Although CPL 440.30 has been amended since defendant made the prior motion, the relevant standard for obtaining DNA testing has not changed. Further, defendant has presented no facts that were not before us on...

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