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PEOPLE v. WITHERSPOON

2015-05985. Ind. No. 1111-08.

156 A.D.3d 828 (2017)

65 N.Y.S.3d 725

2017 NY Slip Op 08863

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC G. WITHERSPOON, 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 challenges the denial of that branch of his motion which was pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police. However, trial evidence established that forensic DNA testing was performed on the evidence in question. Since CPL 440.30 (1-a) does not provide for retesting of DNA material, the County Court properly denied, without a hearing, that...

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