PEOPLE v. ESPINO

10779, 1331/09.

179 A.D.3d 491 (2020)

118 N.Y.S.3d 9

2020 NY Slip Op 00247

The People of the State of New York, Respondent, v. Raul Espino, Appellant.

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

Decided January 14, 2020.


The motion court properly determined that defendant, who entered a plea of guilty to second-degree burglary in 2010, is not eligible to apply for postconviction DNA testing. First, defendant was never charged with, or convicted of, any of the enumerated offenses that render the statute applicable where a defendant has pleaded guilty (see CPL 440.30[1-a][a][2]). Second, the provision for postplea DNA testing only apples to defendants who, unlike this defendant, entered...

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