It is hereby ordered that the order so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from an order insofar as it failed to grant that part of his pro se motion seeking DNA testing pursuant to CPL 440.30(1-a) of a rape kit and the victim's shirt and pants that were secured in connection with his conviction of rape in the first degree (Penal Law § 130.35[2]). We previously held the case, reserved decision, and remitted the matter to County...
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