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PEOPLE v. GENTILE

2014-04372. Ind. No. 2642/05.

156 A.D.3d 814 (2017)

65 N.Y.S.3d 732

2017 NY Slip Op 08846

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH GENTILE, Appellant.

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

Decided December 20, 2017.

Ordered that the order is affirmed insofar as appealed from.

The defendant was convicted of rape in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree, and unlawful possession of a loaded rifle or shotgun. Subsequently, the defendant moved, inter alia, pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence. In an order dated March 3, 2014, the Supreme...

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