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People v. Perry

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 452 (N.Y. App. Div. 2002)

Opinion

2000-11101

Submitted May 17, 2002.

June 10, 2002.

Appeal by the defendant from an order of the Supreme Court, Richmond County (Sangiorio, J.), dated October 31, 2000, which, without a hearing, denied his motion pursuant to CPL 440.30(1-a) for forensic DNA testing on certain evidence recovered by the police.

Sally Wasserman, New York, N.Y., for appellant.

William L. Murphy, District Attorney, Staten Island, N Y (Karen F. McGee and Jonathan J. Silbermann of counsel), for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed.

Under the circumstances of this case, the Supreme Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.30(1-a) for forensic DNA testing on certain evidence recovered by the police.

FEUERSTEIN, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.


Summaries of

People v. Perry

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 452 (N.Y. App. Div. 2002)
Case details for

People v. Perry

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ROBERT PERRY, appellant

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

Date published: Jun 10, 2002

Citations

295 A.D.2d 452 (N.Y. App. Div. 2002)
743 N.Y.S.2d 303

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