PEOPLE v. MILLER

956 KA 19-00776.

2024 NY Slip Op 00548

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY H. MILLER, Defendant-Appellant.

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

Decided February 2, 2024.


Attorney(s) appearing for the Case

JULIE CIANCA , PUBLIC DEFENDER, ROCHESTER ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, BANNISTER, OGDEN, AND DELCONTE, JJ.


Appeal from an order of the Supreme Court, Monroe County (Judith A. Sinclair, J.), entered January 8, 2019. The order, insofar as appealed from, denied that part of the motion of defendant seeking DNA testing pursuant to CPL 440.30.

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from an order insofar as it denied without a hearing that part of his postjudgment motion seeking, pursuant to CPL 440...

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